A defendant shall be punished by imprisonment for not more than ten 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 October 13, 2019, the Defendant, without obtaining a driver’s license on October 13, 2013:5, driven a motor vehicle at approximately 3 km from the vicinity of the Seoul Metropolitan City B market to the front road of the D pharmacy located in the same city C, while under the influence of alcohol content of about 0.188%.

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 statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting a crime;

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 same sentence as the order shall be determined by comprehensively taking account of various sentencing conditions as indicated in the records and arguments of this case, including the statutory punishment strengthened under Article 62-2 of the Criminal Act, the criminal records of the defendant, the time interval with the driving record of the immediately preceding drinking, the degree of blood alcohol concentration of the defendant at the time of driving of this case, the occurrence of accidents, the distance of the defendant's drinking and driving without a license, the reflectivity of the defendant, family relationship, etc.