A defendant shall be punished by imprisonment for six 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 19, 2020, the Defendant was charged with summaryly on the violation of Road Traffic Act (unlicensed Driving) in support of Sung-nam Friwon of Suwon Friwon.

On September 25, 2020, the Defendant driven a Eflance car at approximately 500 meters from the C Station located in Seongbuk-gu, Sungnam-gu to the front road of the same Gu without a driver's license on September 25, 2020, while under the influence of alcohol level of 0.051%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstances of driving without a license, reporting on the situations of driving at home, reporting on the circumstances of drivers at home, investigation reports (report on the situations of driving at home), and inquiry into the results of regulating the driving of drinking alcohol;

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

1. Article 148-2 (3) 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 (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing of Article 62-2 of the Criminal Act on the provision of community service and order to attend lectures has a record of being punished several times due to driving without a license.

Nevertheless, the drinking and non-licensed driving of this case have been carried out again.

Therefore, the sentence of imprisonment is selected.

However, since there is no record of punishment of imprisonment without prison labor or more for the same crime, the sentence shall be suspended and it shall be determined as per the order.