A defendant shall be punished by imprisonment for six months.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On January 16, 2018, at around 21:00, the Defendant driven a body car with D with alcohol concentration of at least 0.050%, without obtaining a driver's license from around 1km to the front of Geumcheon-gu Seoul Metropolitan Government, Geumcheon-gu, to the front of the same Gu C.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of drinking alcohol measurement, a report on the situation of the driver concerned, and a report on the detection of the driver concerned;

1. 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. 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 stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection, the community service order, and the order to attend a lecture, the fact that the Defendant had a high level of drinking and a high level of drinking at the time of measurement, etc. is good. However, the above punishment records have become criminalized when the Defendant graduated from a middle school gets involved in his/her work. As examined below, it cannot be readily concluded that the amount of drinking at the time of driving is very high as stated in the facts charged. The difference between the driving and the measurement is about 25 minutes, but the difference between the driving and the measurement is about 0.20%, and 0.50% of the alcohol concentration among the measured blood, the difference between the 0.20% of the alcohol concentration and the punishment standard at the time of measurement, and the Defendant’s normal state of drinking or the investigation record at the time of his/her operation (Article 25(1)2) and the investigation record at the time of his/her operation (hereinafter referred to as “the investigation record”).