A defendant shall be punished by imprisonment for six 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 05:30 on 24. 205. 24. 05. 205, the Defendant driven a B-hand car with alcohol content of at least 0.120 percent, without a vehicle driver’s license, at a section of about 500 meters from the camp of Hangu-si located in Pyeongtaek-si to the front road of the same Eup/Myeon.

Summary of Evidence

1. Defendant's legal statement;

1. C’s statement;

1. A report on the situation of running a motor vehicle under consideration, and a report on the status of driving a motor vehicle under consideration;

1. Application of Acts and subordinate statutes to inquiry into driver's license data;

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;

1. The crime of this case with probation and community service criminal sentencing reasons under Article 62-2 of the Criminal Act is a case where a defendant drives a motor vehicle without a driver's license, and in light of the fact that the defendant again commits the above crime despite the fact that the defendant had been already punished several times due to drinking driving, etc., the criminal liability is not weak.

However, the punishment shall be determined in consideration of various factors of sentencing, such as the fact that the defendant is recognized to commit a crime and that there is no criminal record exceeding the fine due to the same kind of crime, such as drinking driving, etc., and the probation shall be sentenced on condition of probation