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 this judgment becomes final and conclusive.

Punishment of the crime

On February 12, 2013, at around 23:32, the Defendant driven a D rocketing car under the influence of alcohol level of 0.129% without obtaining a driver’s license at approximately 15 km section from the cafeteria, which is located in the Mayang-si Sayang-si Sayang-si, to the veryangyang-si Sayang-si Do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (previous records and investigation reports);

1. Relevant provisions of Article 148-2 (1) 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. 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant, by 2011, has a total of six times the criminal history of drinking driving, driving without a license, and refusing to measure drinking, and the Defendant, who was sentenced to imprisonment without prison labor or heavier punishment, was punished only by a fine until now due to the circumstances of losing his/her workplace, etc., and the Defendant again was engaged in driving without a license for drinking, and was discovered by the police who was reported while driving on the road, and the level of drinking and the level of drinking was not easy. In light of the above, the Defendant’s legal and timely attitude, including a repeated drinking driving, repeated by a fine, may not be denied.

Accordingly, the punishment of the defendant shall be imposed as imprisonment with prison labor and the punishment shall be determined as per the order, and there is no force other than traffic crimes, and more than two years have passed from the date of detection of drinking driving to the crime in this case.