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 of the final judgment.

Punishment of the crime

On October 1, 2016, at around 22:00, the Defendant driven a Bbee cruise car with a blood alcohol content of at least 0.176% under the influence of alcohol without obtaining a driver's license from the section of about 4km from around the opening station of Guro-gu Seoul Metropolitan Government to the front road of the Large Building located in 832, Yeongdeungpo-gu, Seoul Metropolitan Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Application of the register of driver's licenses, field photographs statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act (see, e.g., favorable circumstances for sentencing)

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

1. The scope of applicable sentences under law: Imprisonment for six months to one year; and

2. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, community service, 80 hours, and 40 hours of order to attend a lecture [fried circumstances] or more shall not have any record of being punished by the suspension of execution for more than 40 hours [fried circumstances] (negative 2 million won due to drunk driving on November 25, 2009], a fine of one million won due to driving without a license on January 25, 2013, and a fine of 1.5 million won due to driving without a license on June 12, 2015. The defendant is found to have been diving in the vehicle on the road. Although the vehicle in this case was transferred under the name of Defendant-friendly job C as of July 8, 2015, the defendant was found to have been driving without a license on the vehicle in this case, in light of the fact that there was no evidence about the sale amount, etc. as above, and that the vehicle in this case had been transferred to C by using the vehicle in the name.