A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

On October 10, 2017, the Defendant, while under the influence of alcohol 0.130% during blood transfusion at around 22:03, the Defendant, without a driver’s license, driven a car at approximately 300 meters away from the section of 300 meters, to the front day of the opening of the exercise of the right of surrender, which is located in the 170th parallel of the Seoul Northern-dong, Yongsan-gu, Seoul, Seoul, without a driver’s license, in the same cultural communication.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The Defendant committed the instant crime again even though he/she was punished once or twice due to drinking driving prior to the instant case.

(b) favorable conditions: the fact that the defendant recognized the instant crime and reflects his mistake, and that he has no record of punishment of suspended or heavier punishment due to drinking or non-licensed driving, etc.

C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.