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

Punishment of the crime

On August 3, 2012, at around 00:03, the Defendant driven the above cargo vehicle under the influence of alcohol by 0.231% (the result of measurement) of blood alcohol concentration in the 1km section from the fish community center in the 1km city, the Gu administration of Gangseo-si, to the front road of the 8th Gun support group in the Gu administration of Gangseo-si, the Defendant driven the above cargo vehicle without obtaining a driver license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, reports on detection of drinking drivers, circumstantial reports on drinking drivers, photographs related to drinking driving, and driving licenses;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant had the record of having received two times a suspended sentence due to a violation of the Road Traffic Act (driving) and a fine not exceeding 11 times. In particular, even on May 22, 2012, before two months have passed since the instant crime was committed, the Defendant was under the influence of alcohol driving and driving without a license, and again, was under the influence of alcohol and driving without a license, and the Defendant was under the influence of alcohol and driving without a license. The Defendant is also dangerous and dangerous in the course and contents of driving under the influence of alcohol by driving in the military unit after being under the influence of alcohol and driving without a license.

However, it is decided as per Disposition by taking account of the Defendant’s age, character and conduct, intelligence and environment, motive, circumstance, means and consequence of the instant crime, etc., and the conditions of sentencing indicated in the record of this case, such as the circumstances after the instant crime, etc.