However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On December 27, 2018, the Defendant, without obtaining a driver’s license at around 21:00, driven an E rocketing car at approximately 500 meters in front of the road located in Ulsan Jung-gu, Ulsan-gu, under the influence of alcohol by 0.228%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and the circumstantial statement of a drinking driver;

1. Application of the Motor Vehicle Driver's License Ledger (Cancellation A, 2018), the Blood alcohol appraisal report (0.228%) and the Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts: Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. are disadvantageous to the defendant who committed the instant crime even though he had recently been punished for drunk driving; however, the fact that the defendant has led to the confession of all of the instant crimes; there is no record of punishment exceeding the fine; and other factors of sentencing, such as the defendant's age, environment, alcohol concentration and driving distance; and circumstances after the commission of the crime, etc., the punishment shall be determined as ordered in consideration of various factors of sentencing.