A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 10, 2015, the Defendant driven a c1 ton cargo vehicle under the influence of alcohol leveling of about 0.110% while under the influence of alcohol leveling 0.10%, without obtaining a driver’s license from around 500 meters from the front of the “indoor Packing of a Party” road in the Seocho-si, Andong-si, Seoul, to the front of the “indoor Packing of a Party” road in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstantial observation of drivers engaged in driving and notification of the results of regulating drinking driving;

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

1. Article 148-2 (2) 2 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 of 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. The main sentence of Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 62-2 of the Social Service Order Act is that the defendant has already been sentenced to a fine for the same kind of crime, and the defendant should be punished strictly if he/she considers the degree of alcohol concentration in the previous case and the blood in this case.

However, there has been no punishment heavier than a fine so far, and the defendant shows his intention not to repeat the crime by selling vehicles after the instant case and using public transportation, etc. In addition, the sentencing conditions specified in the argument of the instant case, such as the defendant's age, sex, environment, family relationship, and circumstances after the crime, etc., shall be determined as the order, and the execution of a sentence shall be suspended on the condition of protection observation and community service, as there are reasons to take into account the circumstances.