A defendant shall be punished by imprisonment for not less than eight 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 August 6, 2018, at around 23:50, the Defendant driven an E E E-cub vehicle without obtaining a driving license from the front of the C cafeteria located in Ulsan-gu B to the front of the D cafeteria located in Ulsan-gu, Ulsan-gu, without obtaining a driving license with a blood alcohol concentration of about 20 meters at approximately 0.156%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a driver's license inquiry;

1. Application of Acts and subordinate statutes of the report on the circumstances of driving without a license and the circumstantial statement of a driver;

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 (General Consideration in favor of the reasons for the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing criteria are not set for offenses of violation of the Road Traffic Act;

2. 선고형의 결정 ◎ 피고인에게 유리한 정상은 다음과 같다.

There is no criminal punishment power other than the previous fines imposed on the accused once.

The defendant should not commit the same kind of crime, such as the confession, reflect, and selling the vehicle.

◎ 피고인에게 불리한 정상은 다음과 같다.

On April 4, 2018, even though the Defendant was sentenced to a fine of three million won due to a violation of the Road Traffic Act (driving) in this court, the Defendant again committed the instant crime since the date of the disposition.

The degree of intoxicatedness is not less light;

(혈중알콜농도 0.156%). ◎ 위와 같은 피고인에 대한 여러 사정 등과, 그 밖에 이 사건 범행의 경위, 피고인의 연령, 성행, 환경, 범행 동기 등 기록에 나타난...