A defendant shall be punished by imprisonment for one year.

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 July 1, 2019, at around 19:48, the Defendant, without a driver’s license, driven a DNA cargo vehicle at approximately 1 km from the Jeonnam-gun Village to the front of the village entrance, while under the influence of alcohol of 0.113% of blood alcohol level without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

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

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. After the revocation of the driver's license for sentencing under Article 62-2 of the Criminal Act, a considerable period of time has elapsed, and the Defendant's driver's license was revoked due to drinking driving, and the Defendant's two times of drinking driving and one time of fine due to non-licenseing driving, if long-term electric power is included. Nevertheless, the Defendant committed the instant crime of driving a vehicle under drinking while drinking without obtaining a driver's license again, and the instant crime of this case is not suitable for the nature of such crime.

A person shall be selected and punished by imprisonment in consideration of the circumstances unfavorable to him/her, and the period with the previous criminal records is significant, and the defendant shall be sentenced to suspended execution in consideration of favorable circumstances, such as the fact that he/she has no record of punishment exceeding the fine, and that he/she acknowledges his/her mistake,

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the drinking driving, the distance and place of the drinking driving, the age, character and conduct, environment, circumstances after the crime, etc.