The punishment of the accused shall be determined by four months of imprisonment.

However, the above sentence shall be executed for a period of one year from the date this judgment became final and conclusive.

Punishment of the crime

[2017 Highest 3115] On June 29, 2017, the Defendant driven a B-hand car with alcohol level of about 0.062% while under the influence of alcohol without a driver’s license from around 500 meters to the front of the innovation town located in the Seogdong-gu, Gwangju, Seoul.

[2017 Highest 3985] On August 23, 2017, the Defendant driven a motor vehicle B, without the driver’s license, at a section of about 2 km from Gwangju North-gu, Gwangju North-gu, and from the front day of 401, to the front road of the long-term care hospital for the 2km-ro 91, middle-ro 91, the same middle-ro 91.

Summary of Evidence

[2017 Highest 3115]

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Registers of driver's licenses (19 pages of investigation records) (2017 Height 3985);

1. Statement by the defendant in court;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (16th page of investigation records);

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Traffic Act (unlicensed driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors shall be considered as favorable to the punishment):

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, comprehensively taking account of all the sentencing conditions in the instant case, including the following circumstances and the Defendant’s age, sex, environment, background and result of the instant crime, and the circumstances after the instant crime, the sentence as ordered shall be determined.

A favorable normal situation: The defendant has been divided into and reflected in his mistake.

The defendant does not commit a second offense.

The defendant's blood alcohol concentration is relatively low.

The defendant was punished once due to drinking and the driver's license was revoked, but the defendant committed the crime of this case only once a month.