1. The defendant shall be punished by imprisonment with prison labor for ten months;

2. Provided, That 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 March 9, 2012, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.064% without a driver’s license on March 20, 2012, driven a Cmaz vehicle at a section of about 300 meters from the front of a restaurant where the trade name in the window relay of the Changwon-si cannot be known to the front of the small river guard in the same Dong to the front of the small river guard.

Summary of Evidence

1. Partial statement of the defendant;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

2. Articles 40 and 50 of the Criminal Act of the Commercial Competition.

3. Selection of sentence of alternative imprisonment;

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

5. Determination of the assertion by the Defendant and the defense counsel under Article 62-2(1) of the Criminal Act regarding probation and community service order

1. The defendant and his defense counsel asserts that since the blood alcohol concentration measured after a lapse of one hour from the final time of drinking and driving 0.064% is higher than the blood alcohol concentration at the actual time of driving, the blood alcohol concentration at the actual time of driving cannot be deemed to have exceeded the punishment standard value.

2. Determination

A. In a situation where it is impossible to determine whether the blood alcohol concentration at the time of driving under the influence of alcohol is the rise point or lower time, even if the blood alcohol concentration measured at the time when the driving was completed at a considerable time after the completion of the operation exceeds the penalty standard, it cannot be readily concluded that the blood alcohol concentration at the time of actual driving exceeds the penalty standard.

Although there are differences for each individual, it is generally known that blood alcohol concentration between 30 to 90 minutes after drinking has reached the highest value, and then 0.08% to 0.03% per hour (average approximately 0.015%) has decreased.