A defendant shall be punished by imprisonment for not more than ten 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 April 3, 2019, at around 23:47, the Defendant driven a two-way car with approximately 15 km from the Yong-gu, Seo-gu, Gwangju to the roads adjacent to the Jeonnam-gun, and without obtaining a driver’s license, while under the influence of alcohol level of 0.085%, while under the influence of alcohol level of 0.085%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act (the punishment for each of the above crimes and the violation of the Road Traffic Act with heavier punishment shall be imposed);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. lies in a large number of criminal offenses against the defendant, and the defendant has already been punished for drinking without a license for drinking alcohol even though he/she had already been punished two times or more.

However, it is more favorable to the fact that the criminal record of drinking driving has long been long (2005) and that the criminal defendant has no record of criminal punishment exceeding the fine due to drinking driving, and that the blood alcohol concentration is relatively low.

In addition, the punishment as ordered shall be determined by comprehensively taking into account various circumstances, such as the motive for driving without a license for drinking alcohol, place where a person drives without a license for drinking alcohol, circumstances after committing the crime, the defendant's age, character and behavior, and the environment.