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 September 9, 2016, the Defendant driven B truck under the influence of alcohol content of 0.123%, without obtaining a driver’s license, from around 300 meters to around 300 meters to the roads of the Southern District Fire Station located in Seo-gu Daejeon, Seo-gu, Daejeon, Seo-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstances of a driver who is placed in driving, inquiry of the results of crackdown on drinking driving, arrest report of the case, details of crackdown, and application of 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act requires a high possibility of criticism in light of the fact that the defendant was sentenced to suspended sentence and several fines for the same crime, but again commits the crime of this case. However, the fact that the defendant is against the law, the fact that the defendant has no record of committing the crime that exceeds a fine for the last ten years, and other various sentencing conditions such as the defendant's age, sex behavior, environment, etc. shall be comprehensively taken into account and determined as ordered.

It is so decided as per Disposition for the above reasons.