A defendant shall be punished by imprisonment for not less than eight 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 May 13, 2018, the Defendant driven a rocketing vehicle under the influence of alcohol leveling of 0.148% without obtaining a driver’s license from approximately five meters from the front side of the “agrogium” road, 8-18 (Fl.m. 8-23) located in Mangsan-dong-ro, Mangdong-gu, Mangsan-ro, Seoul, to the front side of the same 8-18 (Fl.m. 8-23).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);

1. 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;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has been that the defendant had been punished twice due to the crime of drinking alcohol, but he/she again conducted a driving without a license, and the liability for such crime is not minor.

However, the defendant's mistake and reflects, the distance of the defendant's driving is very shorter than five meters, the circumstances favorable to the fact that the multi-driving is about a simple drinking and non-licensed driving shall be considered, and the defendant's age, sex, environment, family relationship, circumstances leading to the defendant's driving, the circumstances leading to the defendant's driving, and the time interval between the previous drinking driving and non-licensed driving, etc. shall be considered, and the sentence shall be determined as per the order.