A defendant shall be punished by imprisonment for not less than eight 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 January 18, 2018, at around 19:50, the Defendant driven B Poter Cargo under the influence of alcohol concentration of about 0.075% without obtaining a driver’s license from the front of the Dong-gun’s office located in the Dong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the front of the 8km-gun’s office located in the Dong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report, notification of the results of crackdown on drinking driving, and application of Acts and subordinate statutes to the ledger of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the 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 other factors of sentencing, including the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of sentencing as shown in the proceedings and arguments, the sentence as ordered shall be determined.

Sentencing elements: The defendant acknowledges his mistake and reflects his mistake, the elements of sentencing unfavorable to the defendant that there is no criminal punishment exceeding the fine: the same criminal records are several times (4 times of drinking driving, 4 times of driving without a license), and the driving of drinking increases the risk of traffic accidents of the general public and thus there is a high need for punishment.