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

The Defendant is a driver of a motor vehicle for the franchise.

On November 07, 2018, at around 02:05, the Defendant driven a B-low-income car under the influence of alcohol concentration of 0.104% without a car driver’s license in the section of approximately 20 meters from D-do to E apartment F-side G from D-do.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about reports on detection of drivers of drinking alcohol and the results of crackdown on drinking alcohol;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant for sentencing under Article 62-2 of the Criminal Act committed the instant crime since he/she was sentenced to a fine due to drunk driving in 2017. For that reason, even though the driver’s license was revoked, he/she committed the instant crime since he/she did not exceed one year. Although there was no personal damage, even if there was no traffic accident leading to the occurrence of the instant crime, he/she shall be selected and punished by imprisonment at once, taking into account the fact that the instant crime was revealed.

In addition, the degree of blood alcohol, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct, environment of the defendant, circumstances after the crime, etc. shall be determined as the disposition, respectively.