A defendant shall be punished by imprisonment for one year.

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 December 10, 2018, at around 00:20, the Defendant driven a F Kazon vehicle under the influence of alcohol concentration of about 0.218% without a vehicle driver's license from the front of the road located in the Northern-gu, Busan to the Evexy road located in D located in the north-gu, Busan to approximately 200 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Application of the ledger of driver's licenses (A) and the details of disposition for cancellation of driver's licenses;

1. Article 148-2 (2) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures is that the defendant was sentenced to a fine for drinking driving in 2017, but he was also sentenced to a fine, such as drinking and driving without a license, and thus, the defendant needs to be strictly punished.

The defendant's actual cause of a traffic accident and realizing the risk of drinking driving is also disadvantageous to the defendant.

However, due to the circumstances favorable to the defendant that the distance of the defendant's driving is not remote, and that the defendant has no criminal record of suspended execution or more.

In addition, the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, circumstances after the crime, and other sentencing conditions specified in the arguments of this case shall be determined by taking into consideration only once, and the punishment shall be determined as ordered.