A defendant shall be punished by imprisonment for not more than ten 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 May 31, 2019, around 02:10 on May 31, 2019, the Defendant driven a c bomb car, which is owned by the Defendant, without obtaining a driver's license, from the front parking lot in front of a restaurant where it is impossible to know the trade name in the Nam-gu Busan Metropolitan City to the Busan Geum-gu B apartment parking lot to approximately 4km to the Busan Geum-gu B apartment parking lot, with a blood alcohol concentration of about 0.163%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of a traffic accident in DNA;

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

1. The ledger of driver's licenses;

1. Application of statutes to field photographs and actual survey reports;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

3. Selection of sentence of alternative imprisonment;

4. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing).

5. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment for not less than six months but not more than one year;

2. Non-application of the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act.

3. Although the defendant who was sentenced on June 22, 2017 was sentenced to a summary order of a fine due to a crime of drunk driving on the same day, again, it is not good that the crime of this case is committed.

The blood alcohol concentration level is relatively high.

However, it is reasonable to consider the defendant's age, character and conduct, motive and circumstance of the crime of this case, and the means and result of the crime of this case as favorable circumstances, such as the fact that the defendant would not repeat the crime, and that there is no record of criminal punishment exceeding the fine due to the same kind of crime.