A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Criminal facts

On December 23, 2017, around 08:05, the Defendant driven a CFD car under the influence of alcohol content of about 0.138% while under the influence of alcohol without obtaining a driver’s license from around 3km section from the parking lot of the Defendant located in the Sinsan-si, Sinwon-si, Sinwon-si to the point of 105.9km in the Sinan-gun, Sinwon-si, Sinwon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written measurement of drinking alcohol, written report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), and notification of the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driver's License Register (A);

1. Article 148-2 (2) 2 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. Article 62 (1) of the Criminal Act on the suspended execution;

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 Act on the Punishment, etc. of Education, even though the Defendant had had a record of punishment of a fine not less than four times due to drinking or driving without a license, each of the crimes, namely, driving of drinking or non-licenseing,

Therefore, the sentence of imprisonment is inevitable because it is difficult to achieve the purpose of punishment more than the sentence of a fine.

Therefore, the sentence of imprisonment with prison labor shall be imposed within the range of the applicable sentences (six months to one year) for the crime in the judgment, taking into account the fact that the defendant led to his confession and reflects against the crime, that there was no other damage due to the defendant's crime, and that the defendant did not have any criminal record of suspension of qualification or more severe punishment, the sentence shall be determined as ordered.