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 April 12, 2013, at around 23:20, the Defendant driven a B-owned car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.180% without a car driver’s license in the direction of approximately 500 meters near the video base store located in the New World department store located in Busan High-dong, Busan High-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other circumstances as well as the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to commit each of the instant offenses, and various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case, such as the circumstances before and after the commission of the instant crime, it is reasonable to suspend the execution of the sentence only once more than the Defendant’s imprisonment with prison labor for a long time, but to order the Defendant to provide community service and to attend a compliance driving course for a certain period of time, and therefore, the sentence shall be

D. Unfavorable circumstances: The defendant's criminal punishment was imposed several times for the same crime, and the defendant again commits each of the crimes of this case, which is highly likely to be criticized.

It seems that the defendant's risk of traffic accident has been significantly high because the level of alcohol is not somewhat weak.

The favorable circumstances: The defendant recognized all of the crimes of this case.

The distance of the defendant's vehicle while under the influence of alcohol is relatively short.