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 January 31, 2012, at around 23:20, the Defendant driven a BSkn vehicle with approximately 700 meters from the street on the front side of Pyeongtaek-si 708-3, to the front side of Pyeongtaek-si 353-2, without obtaining a driving license under the influence of alcohol with a blood alcohol concentration of 0.13%.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report, report on the status of the driving of a motor vehicle, report on the status of the driving of the motor vehicle, and report on the status of the driver;

1. Application of the statutes on the register of driver's licenses;

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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The crime of this case on the ground of sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture is a case where a defendant drives a motor vehicle without a driver's license, and the defendant once again commits the crime despite the fact that the defendant had been already punished several times due to drinking driving, etc., it is inevitable to punish him/her accordingly.

However, the punishment shall be determined in consideration of various sentencing factors, such as the fact that the defendant is recognized to commit the crime and the defendant has no criminal record exceeding the fine, and the suspension of execution shall be sentenced on the condition that probation and the lecture order is