A defendant shall be punished by imprisonment for not less than eight 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.

Punishment of the crime

On November 24, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a motor vehicle with C’s low-speed car in the section of about 300 meters from the front of the French cafeteria located in the Namyang Eup’s Housing Site in the Namyang-gu Seoul Metropolitan City to the front of the 38th road in the Namyangyang Eup-do in the eternic City, with the alcohol concentration of 0.224% in alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the arrest of the case, a report on the situation of the main driver's operation and a report on the situation of the main driver;

1. Written response to a request for appraisal;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act was committed by the Defendant without a license or driving under the influence of alcohol, and the nature of the crime is not less than that of the Defendant, and the amount of alcohol concentration in the blood due to the drinking of this case is very high to 0.224%. The Defendant was discovered as a refusal to measure the drinking on October 8, 2016 and the driver’s license was revoked on April 9, 2017, and was discovered while driving without a license on April 9, 2017, there is a lot of possibility of criticism in that the Defendant committed the crime of this case only eight months thereafter.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of being punished for a stay of execution or more since 1994, and other various circumstances that form the conditions of sentencing as shown in the record, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the punishment as ordered shall be determined.