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 April 5, 2018, at around 22:30, the Defendant driven an EK-5 vehicle under the influence of alcohol leveling 0.256% while under the influence of alcohol leveling from around 300 meters to the front road of the apartment house in the same e letter from the ice apartment parking lot in the Seo-gu, Seo-gu, Gwangju to the same Dong, without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking and inquiry of the results of crackdown on drinking driving;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (No. 11 No. Serial of evidence);

1. Article 148-2 (2) 1 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. In light of the fact that the sentence of Article 62-2 of the Criminal Act on the grounds of the sentencing of Article 62-2 of the Order to Attend a lecture is highly high in alcohol level and the driver’s license was revoked due to the driving of drinking, but one year has not passed since the person was punished for the previous driving of drinking, and that the person committed the instant crime of driving a motor vehicle under the influence of drinking at once.

In addition, it shall be determined by the order in consideration of the degree of alcohol concentration in blood, the circumstances leading up to the driving without a license for drinking, the distance and place of driving without a license for drinking, the circumstances leading up to the detection of driving without a license for drinking, the defendant's age, sex, environment, circumstances after the crime, etc.