A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

On May 28, 2013, at around 17:50, the Defendant driven an E-car under the influence of alcohol with a blood alcohol concentration of 0.156% without obtaining a driver’s license on the front road of the Defendant’s house located in Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, without obtaining the driver’s license until the frequency of D. C is located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. An actual survey report and a report on the occurrence of a traffic accident;

1. Report on detection of a host driver and report on the circumstances of a host 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. In light of the fact that the Defendant had already been punished four times due to the drunk driving, and was engaged in the crime of drunk driving in this case without being aware of the fact that the Defendant had already been punished four times, and in particular, on June 2012, the Defendant revoked the driver’s license due to an accident during the drunk driving and was sentenced to a suspended sentence, and even after one year has passed since it was sentenced, he was under the suspended sentence on May 28, 2013, which was before he was sentenced to the suspended sentence, the Defendant was under the suspended sentence on May 28, 2013, and the blood alcohol concentration at the time was considerably high at 0.156%, and the driving density at the time was considerably high, it is inevitable to sentence the Defendant as a sentence.

However, the circumstances favorable to the defendant, such as the confession of the crime of this case and the fact that the defendant is deemed to have committed the crime of this case, that there is no criminal conviction against the defendant, that there is no criminal punishment for the defendant, that the suspension of execution becomes invalidated due to the sentence for the crime of this case, and that the defendant is serving a prison term until the term of the punishment, shall also be taken into account, and other circumstances, such as character