A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 7, 2016, the defendant was sentenced to a suspended sentence of one year for a violation of the Road Traffic Act at a flood control point on September 7, 2016, and the decision became final and conclusive on the 20th of the same month, and is still under the suspended sentence.

On September 2, 2016, the Defendant driven a DNA car owned by the Defendant without a driver’s license at approximately 3.5km from the front road of the apartment complex from the front road to the lower road of the same Eup to the front road of about 1172-6 miles of the same Eup, Yong-nam Eup at the time of 07:44 on September 2, 2016, while under the influence of alcohol content of 0.075% during blood without a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

1. The driver's license ledger;

1. Previous conviction: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (a copy of the judgment);

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. The grounds for sentencing under Article 62(1) of the Act on the Suspension of Execution are as follows: (a) comprehensively taking into account the following circumstances; (b) the Defendant’s age, family relation, sex, environment, motive and circumstance of the crime; (c) means and method of the crime; and (d) the circumstances after the crime, etc., the sentence is to be imposed as ordered.

[The favorable circumstances] The Defendant acknowledged his mistake while making a confession of each of the crimes of this case, and the Defendant’s blood alcohol concentration was not high, and the Defendant shouldered the same while drinking in the preceding day.

I think that only driving was done, but the perception of driving was not so significant.

There are some circumstances to consider the background of the crime, and the defendant is a traffic accident.