A defendant shall be punished by imprisonment for six months.

except 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 February 28, 2013, at around 23:20, the Defendant driven B Abeo car with a blood alcohol concentration of 0.209% under the influence of alcohol without obtaining a driver's license in approximately 1km section from the front of the Dao Radio Distance in Bupyeong-gu, Incheon Metropolitan City to the roads of about 369-15, Bupyeong-gu, Incheon Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, inquiry of the results of crackdown on drinking driving, and report on the circumstances of drinking driving;

1. Report on the circumstances of unregistered driving and application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Relevant statutory driving for a crime: Article 148-2 (2) 1 of the Road Traffic Act and Article 442 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes. Article 40 (Punishment on Crimes of Violating Road Traffic Act Due to Seriously Liquefied Driving)

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15448, Apr. 2, 2007);

1. Article 62 (1) of the Criminal Act on the suspended execution (see, e.g., Article 62 (1) of the Criminal Act against mistake in addition to grounds for discretionary mitigation