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 September 17, 2016, the Defendant driven B car with alcohol content of at least 0.211% while under the influence of alcohol without the driver’s license from around 200 meters away from the road located in the Nam-gu, Chungcheongnamcheon-gu, Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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

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

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. 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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act for the protection and observation and the order to attend lectures is the circumstances unfavorable to the defendant that the defendant had already been punished for driving under drinking over three times, but again drives under drinking and driving without a license. The fact that the defendant is divided into his mistake, that the defendant has no record of punishment exceeding the fine, and that there is no record of punishment for crimes other than driving under drinking, etc., which are favorable to the defendant.

In such circumstances, the records of this case, including the defendant's age, sexual conduct, environment, motive and background of the crime, and circumstances after the crime, and all of the sentencing conditions shown in the previous theories, shall be determined as ordered by the sentence.