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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On May 16, 2017, the Defendant, without obtaining a driver’s license in around 21:25, driven B QM3 automobiles from the 2km section to the road in front of the same Eup/Myeon, from the Do in front of the restaurant in the Sejong Sin-si Seoul Special Metropolitan City, in the influence of alcohol content of 0.083% in blood, and driving B QM3 automobiles from the 2km section to the road in front of the same Eup/Myeon in the city of Sejong Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Application of Acts and subordinate statutes to inquiries about driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of alternative imprisonment with prison labor (the following extenuating circumstances out of the grounds for sentencing shall be considered):

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. Reasons for sentencing 0 unfavorable to Article 62-2 of the Criminal Act: The fact that a person subject to an order to attend a lecture has been punished four times due to drinking, driving without a license, etc., but commits the second instance crime, which is highly likely to repeat the crime, is committed, such as committing the second instance crime: The fact that the person committed the second instance crime and sells his/her vehicle, etc.; there is no damage caused by the crime; the degree of alcohol concentration in the blood is not high; the above circumstances, other than the crime of the same kind, have no criminal record, and there are family members who shall be responsible for living and support for the defendant; the defendant's age, occupation, family relationship, sex behavior, environment, circumstances before and after the crime, etc.; and the sentence is determined as per the disposition of the suspension of execution, taking into account the various conditions of punishment as shown in the records, such as the defendant's age, occupation, sexual behavior, and conditions before and after the crime.