A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 1, 2015, the Defendant, at around 23:40, driven a B B B B B B-type car with blood alcohol content of about 0.215% under the influence of alcohol without a car driver’s license, from around 10km to the national highway of 3rd in Macheon-si, Kimcheon-si, which is located in the aid king Masan-si, a public road at the Macheon-si, Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. Application of Acts and subordinate statutes to traffic accident reports, reports on the occurrence of traffic accidents, reports on the state of driving, the ledger of driver's licenses, and actual survey reports;

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009; Supreme Court Decision 2009Da1448, Apr. 2, 2009; Supreme Court Decision 2009Da11448, Apr. 2, 201; Supreme Court Decision 2009Da1448, Apr. 2, 2009; Supreme Court Decision 2009Da11448, Apr.

1. Article 62 (1) of the Criminal Act on the suspension of execution;

1. The main sentence of Article 62-2 (1) and (2) of the Criminal Act on Probation;

1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc. of Social Service Orders;