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 November 21, 2015, the Defendant driven a motor vehicle with no driver’s license from the construction site located in both sides of the south Heung-gun, Nam-gun, and from around 3 km to the native Doyang Intersection in the same Gun, and driving a motor vehicle with no mandatory insurance without a driver’s license in approximately 0.071% of alcohol level during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes regarding mandatory insurance;

1. Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, concerning the facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act, including the observation of protection, community service order, and order to attend a lecture, had already been punished twice due to drinking driving, and the Defendant had already been punished seven times due to driving without a license, and driving a motor vehicle without a license. As such, the nature and circumstances of the instant crime are not good.

However, there are favorable circumstances, such as the fact that the instant crime was not caused by traffic accidents, the Defendant’s blood alcohol concentration was relatively high, and the Defendant’s punishment was imposed before 2009, in full, prior to the Defendant’s crime committed on or before 6 years prior to the instant crime. Considering such circumstances, the Defendant’s age, sex, environment, health conditions, circumstances of the crime, and circumstances after the crime, all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sex, environment, health conditions, circumstances after the crime, etc., the sentence is determined as per Disposition.