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

1. On July 24, 2013, at around 14:03, the Defendant driving a B-type cargo vehicle with a blood alcohol concentration of about 0.256% in the section of about 300 meters from the front side of the Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon to the front side of the Sungpo-gu, Sungpo-gu, Seopo-gu, Seopo-gu, Gyeongpo-do, without obtaining a driver’s license.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving an above cargo vehicle, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the status of an employer-employed driver, and the written report on the status of an employer-employed driver;

1. The actual survey report and on-site photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, and Articles 46 (2) and 8 of the Guarantee of Automobile Accident Compensation Act;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act on probation and order to attend the course of education is that the defendant again committed the crime of this case by driving under the influence of alcohol despite the past record of punishment for the violation of the Road Traffic Act due to driving under influence of alcohol and driving without a license, and it is reasonable to strictly punish the blood alcohol concentration due to high level of punishment.

However, the suspension of execution shall be sentenced in consideration of the absence of criminal records exceeding fines, and probation and compliance driving lectures shall be ordered.