A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

On September 20, 2015, the Defendant driven B-learning car under the influence of alcohol level of 0.219%, without obtaining a driving license, from around 1k to about 2nd roads of the high-tech district in Gwangju Northern-gu, Gwangju, the Defendant from around 22:51 to the high-tech district in the middle-class of the high-tech district in Gwangju-gu, Gwangju.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 1, 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, including probation, community service order, and order to attend school, is that the Defendant had already been punished three times due to driving without a license, and the Defendant was punished once due to drinking without a license, and the Defendant’s blood alcohol concentration at the time of the instant case with a very high degree of risk of drinking driving, etc. is disadvantageous.

On the other hand, there are favorable circumstances such as the fact that traffic accidents have not occurred due to the crime of this case, that there is no penalty of a fine or heavier, that the defendant does not repeat again, and that the defendant does not repeat again.

The punishment shall be determined as ordered in full view of all the sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, health condition, circumstances after the crime, and circumstances after the crime.