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 August 21, 2018, the Defendant driven a BS-type car under the influence of alcohol concentration of about 0.246% while under the influence of alcohol level 0.246%, without obtaining a driver’s license, from around 200 meters in front of the restaurant in the name of “Gina” located in the south Agricultural Parking Site located in the Namnam-si, Seoul Metropolitan City, to the front day of the restaurant, which is located in the 33rd in the PS-si in the PS-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Report on the circumstances of driving without a license;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

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. Article 62-2 of the Criminal Code of the Order to Attend shall take into account the unfavorable circumstances, such as the fact that there is a history of the same kind of punishment for sentencing, drinking volume, and the occurrence of water accidents.

However, consideration shall be given to the favorable circumstances, such as the fact that the Si figures and reflects, the payment of repair expenses to the victim for physical damage, and the fact that there is no record of punishment exceeding the fine.

In this context, the sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, sex, environment, etc., are comprehensively considered.