A defendant shall be punished by imprisonment for not less than eight 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 May 25, 2018, the Defendant driven a Bland under the influence of alcohol leveling of 0.155% without a driver’s license on a section of approximately 100 meters from the road in front of the station near the northwest-si, Seocheon-si, Seoul, to the front road, along with approximately 13 through 15% of alcohol level from the road in front of the northwest-si, Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 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. Article 62 (1) of the same Act on the grounds for sentencing as follows;

1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and order to attend a lecture is the reason for sentencing unfavorable to the defendant, including the fact that the defendant re-offenders the crime of unlicensed driving and drinking driving under the conditions that the same and similar criminal records have been committed several times, and that the amount of alcohol concentration in the blood of this case is considerable.

However, the punishment shall be determined as ordered by comprehensively taking into account the following factors, such as the fact that the defendant is against the defendant, the motive and circumstances leading up to the crime of this case, the circumstances after the crime, the age of the defendant, sexual conduct, family relationship, economic circumstances, etc.