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

On September 2, 2012, at around 11:00, the Defendant driven the Esch Rexroth car under the influence of alcohol level of about 0.203% without obtaining a driver’s license from approximately 400 meters away from the front road of the city bus stops located in the Chungcheongnam-gun C, to the front road of the city bus stops located in the west-gun.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the ledger of driver's licenses and the Acts and subordinate statutes concerning car checking;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Probation, etc., is deemed to have driven a motor vehicle under the influence of alcohol without a driver’s license, and in light of the fact that the defendant has already been subject to multiple criminal punishment due to drinking and driving without a license

However, in consideration of the fact that the defendant recognized all of his errors in the police, the fact that the defendant has no record of punishment heavier than a suspended sentence due to the same crime, and other various sentencing conditions recorded in the records of this case, such as the defendant's age, character and conduct, environment, and circumstances after the crime, the punishment is determined