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 July 31, 2015, at around 21:00, the Defendant driven a motor vehicle B New Twitter Cargo without obtaining a driver’s license from the front line of the public restaurant in the Shin-dong, Shin-si to the front line of the public support of the Daejeon District Court, Daejeon District Court at approximately 200 meters, to the front line of the public support.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, a written statement of control, and a statement of the situation of drinking drivers;

1. Application of Acts and subordinate statutes concerning driver's license inquiry;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act (The following factors favorable to the accused among the reasons for sentencing);

1. The grounds for sentencing under Article 62-2 of the Criminal Act and Articles 59 and 62 of the Act on Probation, etc. have the record of criminal punishment of fines on three occasions due to the crime of violating the Road Traffic Act, and there is a record of criminal punishment of fines for other crimes.

Nevertheless, the defendant was driving without a license again.

Therefore, it is inevitable to select the imprisonment for the defendant.

It is so decided as per Disposition by taking into account the above circumstances, the defendant's confession and reflection, the fact that there is no record of criminal punishment heavier than the past suspension of execution, the defendant's age, occupation, background of the crime, circumstances after the crime, and the blood alcohol level in this case.