A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Criminal facts

1. Around 08:00 on September 12, 2017, the Defendant driven a BM5 car without a vehicle driver’s license in the section of about 20 km from the street near the Geumho-dong Geum-dong, Seongdong-gu, Seoul to the Gyeonggi-dong, Seodong-dong, Seodong-dong, Seoul to the roads near the active duty area.

2. On September 12, 2017, the Defendant driven the said SM5 vehicle under the influence of alcohol concentration of about 0.192% without a vehicle driver’s license from the 4km section from around September 23:48, 2017, when the Defendant was under the influence of alcohol concentration of about 0.192% from the 4km section from around the active duty road to the Gyeonggi-Nam SPSwa road.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act (non-licensed driving) concerning the facts constituting an offense, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act;

1. Crimes provided for in Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes ( between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Driving) provided for in paragraph (2) of the same Article, and punishment provided for the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of each sentence of imprisonment;

1. The aggravated punishment for concurrent crimes: the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment for concurrent crimes concerning a violation of Road Traffic Act, with heavier punishment, shall be aggravated);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Defendant had the past record of criminal punishment due to driving of drinking and driving without a license (one time for driving of drinking, one time for refusing to measure drinking, and one time for driving without a license). In addition, the Defendant driven a motor vehicle without a license under the influence of drinking.