A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

피고인은 2017. 6. 24. 09:30 경 보령시 신흑동 2245 대천 항 앞 도로에서부터 같은 시 황 골 길 25, 서해안 고속도로 대천 TG 앞 도로에 이르기까지 약 3km 구간에서 혈 중 알코올 농도 0.056% 의 술에 취한 상태로 자동차 운전면허를 받지 아니하고 B 포터∥ 화물차량을 운전하였다.

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 a driver's license;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

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

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records, such as the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the background of the instant crime.

Unfavorable circumstances: The history of punishment for the same kind of crime is several times (one fine in 2003, one time in 2004, one time in 2004, and one time in 2016): The fact that the person committed the instant crime and reflects his mistake in depth; there is no record of punishment exceeding the fine for the same crime; the blood alcohol concentration is relatively low.