A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On July 20, 2013, the Defendant, without obtaining a driver’s license at around 22:20 on July 20, 2013, driven B Poter truck from about 1 km to the entrance road of the Donsan-si Eup in the Chungcheongnam-gu Seoul Metropolitan Government, under the influence of alcohol content of 0.170%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a statement in the circumstances of the host driver;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend a meeting, is that the Defendant had already been punished on several occasions due to drunk driving or driving without a license, and was engaged in the crime of driving without a license. In particular, in light of the fact that the Defendant committed the crime of driving without a license on February 5, 2013, which was sentenced to a fine on five months after he was sentenced to a fine on July 20, 2013, and that the blood alcohol concentration level at the time of the instant crime was considerably high 0.170%, it is necessary to punish the Defendant with strict punishment corresponding to his attitude of light.

However, the defendant seems to have led to the confession of the crime of this case and to be against the truth, and the defendant does not have the same criminal record beyond the fine, and the distance of driving at the time of the crime of this case is relatively relatively.