A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 24, 2016, at around 16:00, the Defendant driven a rocketing car without obtaining a driver’s license from around 10km in the front of the city of the same city, from around 16:0 to around 10km apartment. On the same day, at around 17:55, the Defendant driven the said rocketing car under the influence of alcohol level of about 0.241% in blood alcohol level, without obtaining a driver’s license from around 20 meters in the front of the west apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on site photographs;

1. Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, comprehensively for facts constituting an offense under the relevant Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (a point of drinking), and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of driving without a license);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances in favor of the defendant among the grounds for sentencing);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of amount);

1. Reasons for sentencing under Article 62-2 of the Criminal Act - Reasons for protection and observation, community service, and lecture attendance order - Circumstances unfavorable to the accused: The same kind of offense and five times (three times for drinking alcohol driving, one time for non-licensed driving, one time for drinking and one time for non-licensed driving) and the degree of the principal offense (0.241% of alcohol level in blood): The circumstances favorable to the accused: the serious reflectivity, the absence of any previous offense beyond a suspended sentence, and other comprehensive conditions for sentencing under Article 51 of the Criminal Act;