A defendant shall be punished by imprisonment for a term of one year and two months.

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

Punishment of the crime

The Defendant is a holder of B Poter Cargo and a person engaged in driving service.

On October 6, 2018, at around 21:05, the Defendant driven an above cargo vehicle without obtaining a driver's license from the front of the CD located in the Sinjin-si to the front of the F cafeteria located in the E-gu, without obtaining a driver's license with a blood alcohol concentration of about 400 meters from the 400-meter section to the F cafeteria.

Summary of Evidence

1. Defendant's legal statement;

1. The criminal place;

1. Notification of the result of the drinking driving control;

1. Report on the status of the driver;

1. Report on the occurrence of the case;

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

1. Relevant provisions of Article 148-2 (2) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

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

1. Selection of each sentence of imprisonment;

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

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and order to attend a lecture, despite the fact that the defendant had already been punished several times due to driving without a license or driving without a license, and again operated a vehicle not covered by mandatory insurance, and the nature of the crime is not good in that the blood alcohol concentration of the instant case was high.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: (a) the defendant reflects the wrongness of the defendant; (b) the fact that there is no serious criminal record in the recent years; and (c) the defendant's age, character and conduct, environment, occupation, family relationship, circumstances after the crime; and (d) various sentencing conditions specified in the trial process.