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 May 14, 2019, at around 21:28, the Defendant driven a e-wing truck, while under the influence of alcohol concentration of 0.117% without a car driver’s license, from around the roads adjacent to the C Association located in Seo-gu, Seo-gu, Gwangju to approximately 200 meters wide from the same D-lane.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver and the report on internal investigation (the report on the circumstances of the driver);

1. Application of the statutes on the register of driver's licenses;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order to Attend Education, despite the fact that the Defendant had already been punished for drunk driving, is not only engaged in drinking driving under a licenseless condition but also in a relatively high degree of blood alcohol concentration at the time.

However, it is advantageous to the fact that there is no record that the defendant has been punished for a fine exceeding the fine due to drinking driving, and that the defendant would not drive under drinking again while he seriously reflects the crime of this case.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the motive for driving without a license for drinking alcohol, the place and distance of driving without a license for drinking alcohol, the circumstances after committing the crime, the defendant's age, character and conduct, the environment, etc.