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 of the final judgment.

Punishment of the crime

At around 15:40 on April 24, 2014, the Defendant, without obtaining a driver’s license, driven a motor vehicle from the parking lot in Saland building located in Sinpo-si, Sinpo-si to the front road of the water village located in Sinpo-dong at approximately 4km from around 16:03 on the same day, with a blood alcohol concentration of at least 0.232% under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A written appraisal;

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

1. Article 148-2 (2) 1, 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. Selection of alternative imprisonment with prison labor (with the history of five times punishment, including one suspended sentence due to the same type of crime, and consideration of the criminal punishment of a fine due to drinking driving even before the second month of the crime in this case, and the blood alcohol concentration is very high);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (i.e., the confession, the absence of a criminal record, the criminal punishment of a fine for the same kind of crime in 2006, the absence of a criminal record for not later than 2013, and the support of a pregnant woman, etc.);

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary Mitigation);

1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;