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 February 3, 2013, at around 01:40, the Defendant driven B cab with blood alcohol content of about 0.188% while under the influence of alcohol without obtaining a driver’s license at a distance of about 200 meters before and before the police box of the same Ri in front of the members of the taxi office located in the Jinan-ri, Haak-ri, a police station in front of the office of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on proper launch of drivers, investigation reports (the ledger of driver's licenses for motor vehicles, and protocol of registration of motor vehicles);

1. Relevant provisions of Article 148-2 (2) 2, 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. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished for the past drinking and driving without a license even if he was punished several times, and in light of the purpose of the revision of the Road Traffic Act that strengthened the punishment for driving under influence of alcohol, it is inevitable to punish the defendant.

However, in light of the fact that the defendant recognized his mistake and reflects his depth, and all of the sentencing conditions shown in the arguments of this case, such as the age, family relation, health status, personality and conduct, environment, motive of the crime, circumstances after the crime, etc. of the defendant, the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.