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

On March 12, 2017, the Defendant, without obtaining a driver’s license of a motor vehicle on March 14:41, 2017, driven the E-Poter Cargo at a section of about 2 km from Jin-gun C through D while under the influence of alcohol level of 0.29% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under drinking, notification on the results of crackdown on driving under drinking, and application of Acts and subordinate statutes;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. In full view of the elements of sentencing under Article 62-2 of the Criminal Act, and the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as indicated in the pleadings, such as the circumstances before and after the commission of the crime, the sentence shall be determined as ordered.

The elements of favorable sentencing: The elements of unfavorable sentencing, such as the fact that the defendant recognized his/her mistake and reflects it, the fact that the defendant is currently dead, left arms, support his/her mother, criminal punishment exceeding a fine is not imposed, and there is no room for criminal punishment: the defendant again commits the instant crime before the lapse of one year, even though he/she had been sentenced to a fine of three million won due to drinking driving on May 4, 2016; driving of drinking alcohol increases the risk of public traffic accidents; thus, the necessity of punishment is high; driving of drinking alcohol is high; the level of alcohol concentration is high; and the distance of drinking driving is long, etc.