A defendant shall be punished by imprisonment for six months.

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

At around 21:05 on August 4, 2012, under the influence of alcohol with a blood alcohol concentration of 0.065% without obtaining a driver's license, the Defendant driven a shower car at the section of about 500 meters to the road near the park in the vicinity of the public parking lot in the Southern River, the Southern River, which is located in the Jung River-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of the driver, and a report on the status of the driver's operation;

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;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation, community service order, and order to attend a compliance driving lecture is that the defendant was punished twice due to drinking or unlicensed driving. In particular, considering that the defendant was under suspension of the execution due to the crime of violation of the Road Traffic Act (unlicensed driving), even though he was under suspension of the execution, he was engaged in drinking or unlicensed driving of this case, and that he was arrested by a warrant of arrest when he did not comply with the request of an investigative agency for attendance.

However, considering the fact that the defendant commits a mistake, the blood alcohol concentration at the time is low, the vehicle driven by the defendant is scrapped, and the age, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc., various sentencing factors as shown in the arguments of this case shall be determined as ordered.