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 March 29, 2020, at around 16:00, the Defendant driven C class III cargo vehicle while under the influence of alcohol with 0.105% alcohol level without obtaining a driver's license from the Mapo-gu Seoul Mapo-dong Mapo-dong Mapo-dong to the frontway B of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (report on the circumstances of an immigration driver), report on internal death (verification of details of revocation of driver's license);

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is as follows: (a) the Defendant was running under the influence of alcohol while his license was revoked; (b) the Defendant had a record of being punished once for driving without a license in 2013; and (c) the record of being punished for driving without a license in 2001 and 2003 and driving without a license in 2003, it is inevitable to choose a sentence of imprisonment.

On the other hand, the driving under the influence of alcohol did not lead to a large-scale accident, and the fact that the defendant again said that he would not mislead the same, etc. is considered favorable to the defendant. Considering the circumstances favorable to the defendant, the punishment as the order shall be determined by taking into account various sentencing conditions shown in the arguments in the instant case, including the drinking water and driving distance, the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime.