A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 11, 2016, the Defendant driven a B-car without obtaining a driver’s license in the state of alcohol level of about 0.140% while under the influence of alcohol level of 0.140% on the road from the front boomed road in the 23:54, 2016, to the front road of the 300-meter B-K Scrap golf course.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. Scope of punishment: Imprisonment with prison labor for up to one year;

2. On August 11, 2016, the Defendant was issued a summary order of a fine of three million won due to driving under influence on alcohol and committed the instant crime in a period of three months from that order, and the Defendant’s blood content is relatively high, and thus, is disadvantageous to the Defendant.

However, considering the fact that the defendant is attempting to commit the instant crime, the fact that the distance of the defendant's driving is not relatively long, etc., the circumstances favorable to the defendant, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., and the conditions of sentencing specified in the records and pleadings, such as the circumstances after the crime, shall be determined as ordered.