A defendant shall be punished by imprisonment for not more than ten 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 July 6, 2018, at around 05:40, the Defendant driven a C-wing truck under the influence of alcohol leveling 0.081%, without obtaining a driver’s license, at approximately 15km section from the front side of the police box of the old Kim Dong-dong, Kim Chang-dong, Kim Chang-gu, Seoul, Seoul, to the front side of the police box of the same military, which is located in the same military area, from the 15km section of the same military road, while under the influence of alcohol leveling 0.081%.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the results of regulating driving of drinking alcohol, notification of the results of regulating driving of drinking alcohol, statement of the circumstances of drivers of drinking alcohol, and investigation report (report on the circumstances of drivers of drinking alcohol);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 3, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Road Traffic Act (the point of driving without a license) of the same Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act (driving without a license) and the crimes of violation of the Road Traffic Act (driving without a license), and the punishment provided for the crimes of violation of the Road Traffic Act with a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

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

1. The Defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, once again driven alcohol without a driver’s license despite the fact that he had been punished three times due to his refusal to drive alcohol or to measure drinking.

Since such a defendant's fine is no longer effective, the defendant is sentenced to imprisonment.

However, there are some elements of sentencing favorable to the defendant, such as the defendant's wrongness, the alcohol concentration in blood do not increase, and the relevant vehicle can be disposed of to a third party after the crime of this case.

In addition, comprehensively taking account of various circumstances, such as the defendant's age, sex, and circumstances after the crime, the sentence of this case shall be determined as per the disposition.