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 of the final judgment.

Punishment of the crime

On January 6, 2014, at around 22:42, the Defendant, without a car driver’s license, driven a Bchier car in the section of about 1 km from the front side of the building in the Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, to the 1k-do one teacher’s distance, while under the influence of alcohol by 0.130% of blood alcohol concentration without a car driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (hereafter referred to as "driving without a license") and subparagraph 1 of Article 152 and subparagraph 1 of Article 43 of the same Act concerning facts constituting an offense;

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 with more severe punishment);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Determination of sentence: Imprisonment with prison labor for not less than eight months, a stay of execution for two years, community service, 120 hours, 40 hours in attendance order [fluoring circumstances] Defendant’s reflect [fluoring circumstances] traffic accidents, traffic crimes such as drunk driving and unlicensed driving, special circumstances, traffic accident resolution, etc. from around 1995, and the Act on Special Cases concerning the Settlement of Traffic Accidents, and there are many criminal records other than traffic crimes;