A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On December 13, 2015, the Defendant driven a C rocketing car with alcohol content of 0.217% while under the influence of alcohol without obtaining a driver’s license, from the front day of the 00:25 Sinju City’s Seocheon-ri, Seoul Macheon-ri, Seoul Macheon-ri to the salary-day road located in the same Ri.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol, reporting on the circumstances of driving of alcohol, and application of statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 1, Article 44 (1) (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Protection, Observation, etc. of and Order to Attend Courses;

1. The scope of punishment by law: Imprisonment with prison labor for six months and one year and six months;

2. Whether or not to apply the sentencing criteria: Offenses against which the sentencing criteria are not set, or commercial concurrent crimes; and

3. Two years of stay of execution, etc. for ten months of imprisonment with prison labor for a decision of sentence (the fact that the accused has several criminal records for the same kind of crime, the fact that drinking values are high, the defendant has a family member to support the accused as a disabled person, the age, sexual behavior, etc. of the accused);