A defendant shall be punished by imprisonment for 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 April 29, 2017, the Defendant driven at around 18:0, 2017, at the entrance of the Ginam-ri Village, the right to be liquidated, and from around 1km to the Giju-ri road located in the same Myeongriri-ri, the Defendant driven the B-wing and Ⅲ cargo vehicle with alcohol concentration of 0.291% under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license for driving alcohol, report on the circumstances of driving drivers, inquiry of the results of crackdown on driving alcohol, the details of crackdown, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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 Concurrent Crimes (the punishment specified for any violation of the Road Traffic Act with heavy punishment among each of the crimes of this case and any punishment among the crimes of this case);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The Defendant, with the reason of sentencing Article 62-2 of the Criminal Act, repeated the driving of drinking and non-licensed driving even though he/she had a record of being punished for the same crime.

In addition, at the time of the case, the amount of alcohol concentration among the blood of the defendant is also very high.

The defendant should be punished strictly.

Provided, That in determining the specific sentence, the suspension of execution shall be imposed only once in consideration of favorable circumstances, such as the defendant's reflection, the fact that there is no record of punishment exceeding the fine, etc.