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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On August 9, 2013, at around 19:40, the Defendant driven B, while under the influence of alcohol level of 0.243%, without obtaining a driver’s license, from around 2 km section from the front of the 4-ri-ri apartment to the top of the cover of the same Ri located in the city of Pyeongtaek-gun, Gangwon-do, Seoul Special Metropolitan City (Seoul Special Metropolitan City) to August 9, 2013.
Summary of Evidence
1. Statement by the defendant in court;
1. Registers of driver's licenses;
1. Notification of the results of the drinking driving control, and the application of Acts and subordinate statutes to the drinking driving control;
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. The reason for imposing the sentence of alternative sentence of imprisonment is that the defendant reflects his mistake, that the defendant has no previous conviction or more than the suspended sentence, or that the defendant committed again the crime of this case in the same kind even though he was sentenced to a suspended sentence of two years in October 17, 2009 due to the crime of violation of the Road Traffic Act and the crime of violation of the Road Traffic Act in the Youngcheon District Court's Young-gu branch branch of the Chuncheon District Court's Young-gu branch of February 17, 2009, and that the blood alcohol concentration is considerably high, and the defendant again driven a motor vehicle on September 1, 2013 after receiving the investigation of this case, and was regulated as the crime of violation of the Road Traffic Act (unlicensed Driving) by the police officer. In light of the fact that the defendant's awareness of compliance with the law is weak, and the possibility of recidivism is high, the sentence of the defendant is determined as per the order.