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 November 13, 2012, at around 04:00, the Defendant driven a B string car without a driver’s license in the state of alcohol with approximately 5km alcohol concentration of about 0.063% from the 5km section around the mother road located in the Gandong-gu Busan Metropolitan City to the Ganpo-dong, Seopo-gu, Busan Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as a report on circumstantial statements of a drinking driver, a report on the control of drinking driving;

1. Article 148-2 (2) 3, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Voluntary imprisonment with labor (including the occurrence of a crime in this case again in two years and six months after a sentence of suspended execution was sentenced for a same kind of crime that has multiple criminal records; consideration of the occurrence of a crime in this case);

1. Article 62 (1) of the Criminal Act on the stay of execution (The fact that the blood alcohol concentration is relatively low and the health of the accused, etc.);

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;