A defendant shall be punished by imprisonment for one year.

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 January 19, 2013, at around 17:00, the Defendant driven B rocketing car with approximately 500 meters alcohol concentration 0.236% under the influence of alcohol without a car driver’s license from the front of a restaurant near the school site of the thought-gu Busan, Busan, to the front day of the 17:07 day from the day of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant did not obtain a driver's license until the time of the instant crime after his driver's license was revoked due to drinking driving on December 12, 2001; the Defendant was under the influence of driving and driving without a license in 2006 and 2008; the Defendant was punished as a fine for driving without a license in 2010; and the Defendant is driving B rocketing car even at the time of being punished in 2008 and 2010.

In full view of the fact that the Defendant continued to drive without a license since the driver's license was revoked in 2001 and the Defendant was driving under a drinking condition of 0.236% without a driver's license, a strict punishment is required in light of the fact that the Defendant continued to drive without a license in 2001.

On the other hand, the defendant has no history of punishment heavier than a suspended sentence in relation to the driving of motor vehicles, and the defendant's age, occupation, family relation etc. shall be determined as ordered by comprehensively considering all the sentencing conditions in the arguments in this case.