A defendant shall be punished by imprisonment for six 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

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act more than twice, around July 18, 2016, around 14:40, the Defendant driven a BM6-car under the influence of alcohol content 0.145% while under the influence of alcohol while under the influence of alcohol content 0.145% from the blood alcohol level without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A traffic accident report;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Report on the circumstances of driving without licenses, and application of Acts and subordinate statutes to the ledger of driver's licenses;

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

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

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. Reasons for sentencing under Article 62-2 of the Criminal Act on the observation of protection and observation: The fact that a person commits the crime of driving without a license for drinking in this case even though he had already been subject to criminal punishment twice due to drinking driving (one set of punishment, one time of imprisonment, and one time of the suspension of the execution of imprisonment), and the fact that he has high level of drinking: He reflects the defendant's age, sexual behavior, environment, etc., and takes into account various conditions of sentencing in this case. It is so decided as per Disposition.