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

At around 00:30 on June 27, 2018, the Defendant, without obtaining a driver’s license, driven BCor or a car under the influence of alcohol concentration of about 0.146% at the section of approximately 600 meters from the front of the entrance of the salary reservoir at the port of Yan-gu at the port of Yangju to the front of the entrance of the salary reservoir at the port of the same longitude 22-1.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of 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 reasons for sentencing under Article 62-2 of the Criminal Act include three times a fine due to drinking or driving without a license and two times a suspended sentence.

Nevertheless, since drinking driving and driving without a license are repeated, it is necessary to punish the defendant strictly.

There is no circumstance that can be considered in light of the circumstance in which alcohol concentration is high and the driving of alcohol is made.

However, this case driving does not cause a traffic accident, and the age, sex, environment, motive, means and consequence of the instant crime, the circumstances before and after the instant crime, and other factors of sentencing as shown in the argument of this case shall be determined by taking into account the following factors: the Defendant’s age, sex, and environment; and the motive, means and result of the instant crime.