A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On April 26, 2013, the Defendant was under the influence of alcohol with 0.079% of the blood alcohol concentration without a car driver’s license on April 23:30, 2013, and was driving a B-type car at a section of about 10 meters in front of the “Uisan cafeteria” restaurant located in the same Dong located in Seopo-si, Seopo-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the report on detection of drivers and the laws and subordinate statutes on the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting a crime: Articles 148-2 (2) 3, 44 (1) (a point of sound driving), 152 subparagraph 1, and 43 of the Road Traffic Act;

1. Commercial concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of penalty: Imprisonment;

1. Suspension of execution: The sentence shall be imposed in consideration of all the following circumstances as the reasons for sentencing under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing): The facts of crime are recognized and contradictory to the fact of crime, the distance of driving under influence is very short: A person having the same criminal record: The circumstances leading to the crime (the driving of one-way vehicle in order to turn off the parked vehicle while waiting a vicarious driving engineer), blood alcohol concentration and the defendant's occupation, health status, and economic conditions, etc.