A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 18, 2012, the Defendant driven a D car at a distance of about 100 meters from the front day of the restaurant in Gwangju Dong-gu to the front day of the happiness rehabilitation center in Gwangju Dong-gu, without obtaining a driver's license on November 18, 2012, under the influence of alcohol level of 0.104%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Copy of the circumstantial statement of a host driver;

1. Application of Acts and subordinate statutes to the ledger 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. In light of the fact that the defendant driving a motor vehicle in a significant drinking state with blood alcohol concentration of 0.104% without obtaining a driver's license, the defendant was punished 6 times a fine due to the same kind of crime of this case, driving without license, and refusing to take a alcohol measurement, and repeats the crime of this case even though he had been punished once a suspended sentence, it is inevitable to punish the defendant strictly.

However, the defendant's mistake was divided and reflected at the time when he was investigated by the police, the defendant did not have any record of punishment for the same kind of crime, and there was no additional risk such as traffic accident during the driving process. In addition, the motive, means and result of the crime of this case, the circumstances after the crime, the age of the defendant, character and conduct, family environment, etc. shall be comprehensively considered in determining the punishment as ordered by the defendant.