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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On December 19, 2012, at around 05:23, the Defendant driven CM7 car under the influence of alcohol concentration of 0.117%, without obtaining a driver’s license, from approximately 70km section from the head of the Sim-si Yan-si to the head of the Sim-si Yan-si 34 Yan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report and circumstantial report on detection of a host driver;

1. The driver's license ledger;

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

1. Article 148-2 (2) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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

1. Selection of imprisonment because of the same kind of criminal records as the punishment is chosen;

1. Article 62 (1) of the Criminal Act on the suspension of execution (the person has no previous record for the latest five years, and there is no record of punishment exceeding the fine due to the same crime);

1. Probation, community service, or order to attend a lecture under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, Etc. (Special Cases of Same Kind of Crimes, which resulted in danger to traffic safety, such as long-term stopping on the national highways under the influence of alcohol without permission, etc., and circumstantial defect after the crimes shown on 18 pages, etc.