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 February 20, 2016, around 11:15, the Defendant driven Cone Star Cargo under the influence of alcohol concentration of 0.173%, without obtaining a driver’s license, from “Korea Forest Elementary School located in Han River Eup, Han-si, Han-si, Han-si to the same Eup name of the Eup.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a report on the situation of the driver who takes charge, and an investigation report;

1. Notification of the results of crackdown on drinking driving, and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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 the crimes of violating the Road Traffic Act with heavy punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The Defendant, for the reason of sentencing under Article 62-2 of the Criminal Act, has been subject to punishment five times due to drinking alcohol driving or non-licensed driving, while driving a motor vehicle on May 17, 2014, even though the driver’s license of the motor vehicle was revoked on May 17, 201, he/she committed the instant crime by driving the motor vehicle under the driver’s license without a license for a limited period of nine months. In light of the fact that the nature of the relevant crime is very poor, it is necessary to punish the Defendant with severe penalty.

However, the defendant confessions the crime of this case and repents his mistake, scraps his automobile and does not drive again, the power of being sentenced to the suspension of the execution of imprisonment due to drinking and driving without a license is about 12 years, and the defendant's age, environment, circumstances after the crime, and other arguments of this case are shown.