A defendant shall be punished by imprisonment with prison labor for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Criminal facts

On April 25, 2018, at around 00:25, the Defendant driven a BF car under the influence of alcohol concentration of about 0.085% in blood without obtaining a driver’s license from the front of the “schooler global beer,” which is located in the Changwon-si Magdong, Changwon-si, Seoul, to the front road of the “beer Hospital” of about 190 meters in two morals.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the detailed statement report and investigation report on the situation of the driver who is placed in the main place;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

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 under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of the Order to Attend Courses is that the Defendant has already been punished by a fine for three times due to drinking or unlicensed driving.

However, as the Defendant again commits each of the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed driving), it is inevitable to sentence the Defendant to imprisonment because it is no longer possible to sentence a fine.

Therefore, the sentence of imprisonment is to be imposed within the scope of the applicable sentence of each crime (one month to one year).

However, in consideration of the fact that the defendant led to the confession of the crime, the defendant did not suffer any other damage due to the defendant's crime, and the defendant did not have any criminal record of being sentenced to the suspension of qualification or more severe punishment, the punishment as ordered shall be determined.