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 March 19, 2019, the Defendant, without obtaining a driver’s license, driven B Poter truck from about 1 km to the front road of the Dog-ro Office located in 1766, Myeong-ro, Myeong-ro, Myeong-ro, Myeong-ro, Myeong-ro, Myeong-ro, Dog-ro, 1724, while under the influence of alcohol with a blood alcohol content of 0.186% around 20:50.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 14, 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;

1. The reason for sentencing under Article 62-2 of the Criminal Act, even though the Defendant had already been punished by a fine of three million won due to drunk driving in 2017, once again, the instant drinking or unlicensed driving was conducted, and the liability for the offense is not somewhat weak in that drinking water is considerably high.

However, the punishment as ordered shall be determined by comprehensively taking into account the following factors: the fact that the defendant's mistake and reflects, the fact that the traffic accident does not occur frequently, the fact that there is no serious criminal record exceeding the fine, and other various conditions of sentencing as shown in the records and arguments, such as the age, character and conduct of the defendant, and circumstances before