A defendant shall be punished by imprisonment for one year.

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 June 18, 2017, at around 15:55, the Defendant driven a C Poter truck with alcohol content of about 0.240% while under the influence of alcohol without obtaining a driver’s license from a section of about 1km from the front side of the cereal iron shop located in the Gesung-gun, Nesung-gun, Seoul to the front side of the same military sanitary control place, and without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant 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. In light of the fact that the reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures, the driving of drinking without a license, and driving of drinking without a license even though it is possible to do so, and that the amount of alcohol concentration during blood is very high, the liability for the crime is not easy.

However, considering the favorable circumstances in which the defendant reflects the crime, etc., the punishment shall be determined as ordered by taking into account all factors of sentencing as shown in the argument of this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime.