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 August 14, 2018, at around 12:00, the Defendant driven a motor vehicle in B, B, under the influence of alcohol concentration of about 0.370%, without obtaining a driver’s license, from the front of the 96 B, in front of the Ya Chang-gun, Chungcheongnam-gu, the Southern-gun, the Southern-ro, the Southern-do, the right of the Defendant, to the front of the Sun Chang-gun, the right of the 1km-gun, the right of the vehicle.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at home;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act of the Order to Attend Education has the record of having already been punished once due to drinking driving, and the Defendant committed the instant crime even though the driver’s license was revoked due to this, and the Defendant’s blood alcohol concentration at the time of the instant crime is too high to 0.370%, which is disadvantageous to the Defendant.

However, the fact that the defendant reflects the defendant, and that the defendant has no previous convictions other than a one-time fine, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined like the order, taking into account all the other factors of sentencing specified in the arguments in this case.