A defendant shall be punished by imprisonment for four months.

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

Punishment of the crime

The defendant is a person who works and lives in prison.

On January 17, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle at around 23:15, driving a motor vehicle with approximately KRW 500 meters from the section of 500 meters to the front road of the wind powder park in the same Dong and Seopo-si, in the state of alcohol concentration of 0.096% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

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

1. Article 148-2 (2) 3, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished by a fine of KRW 1.5 million due to driving under drinking in 2003, and a fine of KRW 4 million due to driving under drinking in 2016. As such, the Defendant was driving under drinking without a license even though his/her driver’s license was revoked on March 6, 2016 due to driving under drinking in 2016, and thus, the offense is bad.

In addition, the punishment shall be determined as ordered in consideration of the various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.