A defendant shall be punished by imprisonment for one year.

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 October 24, 2019, at around 09:50, the Defendant driven a dable truck without obtaining a driver's license with a blood alcohol concentration of about 20km from the Do located in the Gyeongbuk-gun B to the road located in the same Gun C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Each investigation report and each internal investigation report;

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking and driving, report on actual condition, report on the circumstantial statement of a drinking driver, and the register of driver's licenses;

1. Application of each statute on photographs;

1. Relevant provisions of Article 148-2 (3) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. On the grounds of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by taking into account the following circumstances and the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime was committed, and the execution of the sentence shall be suspended on condition that the community service order and the order to attend a lecture shall be faithfully observed.

Unfavorable circumstances: The defendant's blood alcohol concentration is very high at the time of driving, the vehicle operated by the defendant is located outside the road outside the center line, and the accident that shocks the water tank occurs, and the defendant does not have obtained a driver's license, etc. A favorable circumstance is considered: the defendant acknowledges all of the crimes of this case and repents his mistake.