A defendant shall be punished by imprisonment with prison labor for up to 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 February 28, 2016, the Defendant driven a car with a alcohol level of 0.093% under the influence of alcohol level 0.093% while under the influence of alcohol level 0.093% from the front of the Geum apartment road in Yangju-si, Yangju-si to the original oil station in the same Dong, without obtaining a driver’s license from approximately 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

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 suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Automobiles are convenient means of transport, but since they are dangerous goods that can be prone with lethal weapons, a person operating a motor vehicle is obliged to obtain a license and operate a motor vehicle with due care in normal conditions;

In particular, drinking driving may lead to a large accident, and in light of the risk, there is a great need for strict punishment.

The Defendant had already been punished on several occasions due to drinking driving, driving without a license, etc., but again carried out driving of the instant drinking and driving without a license.

The favorable circumstances: The defendant's mistake is divided and reflected, and family members want to be the front of the defendant.

In addition, the sentencing conditions specified in pleadings, such as the defendant's age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., shall be determined as the same as the order.