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 of the final judgment.

Punishment of the crime

Although the Defendant violated Article 44(1) of each Road Traffic Act on May 3, 2018 and October 2012, on April 3, 2013, the Defendant driven Cpoter cargo under the influence of alcohol with a blood alcohol level of about 0.174%, without obtaining a driver’s license, at approximately 500 meters in front of the road in front of the Mapool restaurant located in the Newdong-dong at the time of permanent stay at around the front of the Mapode restaurant at the time of permanent stay, and without obtaining a driver’s license at the speed of about 500 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver and a circumstantial statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a sentence of alternative imprisonment [the defendant has a multiple same kind of force, in particular, since after December 2012, the defendant is subject to the three-time punishment due to drinking or unlicensed driving in a short term, Article 53 of the Criminal Act does not apply];

1. Article 62 (1) of the Criminal Act (no penalty exceeding a fine shall be imposed);

1. Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc.;