A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

On April 29, 2014, at around 00:11, the Defendant driven a Grand City with approximately 0.175% of alcohol content while under the influence of alcohol without obtaining a driver’s license, from around 1km section from the front day of the instant 51 Blue-dong, Chungcheongnam-si to the road from around 17:00 to around 17:00 in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to an investigation report;

1. Relevant provisions of Article 148-2 (2) 2, 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;

1. Article 62 (1) of the Criminal Act;

1. Defendant shall be punished strictly in light of the fact that the probation and community service order had the record of being punished for drunk driving even before the reason of sentencing under Article 62-2 of the Criminal Act, the record of being sentenced to a fine due to refusal to measure drinking around 2013 had the record of being sentenced to a fine due to refusal to measure drinking again, and the fact that the blood alcohol concentration level was high at the time of detection, etc.

However, the above punishment is determined in consideration of the fact that the defendant is seriously against and must support, the age, character and conduct, environment of the defendant, the motive and background leading up to the crime of this case, the means and consequence, the circumstances before and after the crime, and other circumstances shown in the records of this case.