A defendant shall be punished by imprisonment for four 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 July 21, 2015, the Defendant driven D vehicles at a section of about 400 meters from around 200 meters from around 20:45 to the front day of the Eup, Myeongdo, Seoul Special Metropolitan City, with a blood alcohol concentration of 0.058% under the influence of alcohol without obtaining a driver’s license, from around 20:45.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on a drinking driver and the results of the control of drinking driving;

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

1. Relevant provisions of Article 148-2 (2) 3 of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting the crime (a point of driving without obtaining a license);

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is that the defendant was sentenced to a fine due to drinking and unlicensed driving, and again committed the same offense at the time when one month elapses.

Considering the above, the defendant should be punished strictly, but considering the fact that the defendant reflects the defendant, the blood alcohol concentration is not high, and the defendant again desires not to drive under the influence of alcohol and without the license, it is necessary to sentence the suspension of execution.