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

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.

Punishment of the crime

On January 21, 2018, at around 05:40, the Defendant driven BM6 automobiles under the influence of alcohol concentration of 0.150% while under the influence of alcohol without a driver’s license, from a section of about 10km from a section of 10km-dong, Namwon-si, Seoul Special Metropolitan City to the intersection of the bank (former bankside) by a library located in 121-3, Namwon-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written appraisal of alcohol concentration in the blood;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 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. Aggravation of concurrent crimes with the punishment prescribed in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (aggravating concurrent crimes with the punishment specified for a violation of traffic laws heavier than punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture is that the defendant has already been punished several times due to driving without a license for drinking, and the fact that the defendant's blood alcohol concentration is high at the time of the crime of this case and the driving distance is considerably high is disadvantageous to the defendant.

However, the fact that the defendant is against the defendant, and that there is no criminal conviction other than the fine, the circumstances favorable to the defendant shall be considered, and all other sentencing conditions specified in the arguments in this case shall be determined like the order.