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 July 18, 2018, around 17:55, the Defendant driven a B Poter-II truck with alcohol content of 0.309% while under the influence of alcohol without obtaining a driver’s license from the front side of the “large Dogdong,” which is in the way of an island of the Southern-si, Namwon-si, Seoul, to the road of about 1km-ro 535 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. A written appraisal of alcohol during blood;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Article 148-2 (2) 1 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. Articles 53 and 55(1)3 of the Criminal Act (Articles 53 and 55(1)3 of the Criminal Act ( Taking into account the conditions of sentencing favorable to the following reasons for sentencing):

1. Article 62 (1) of the Criminal Act on the stay of execution (The following factors are repeated for sentencing on the grounds of sentencing);

1. The Defendant committed the instant crime despite the fact that the reason for sentencing under Article 62-2 of the Criminal Act on the part of the Defendant was already punished twice due to drinking driving, and each time due to unlicensed driving, and the fact that the Defendant’s blood alcohol concentration reaches 0.309% at the time of the instant crime is disadvantageous to the Defendant.

However, the fact that the defendant is against the defendant, there is no previous conviction other than a fine, and there is no record of punishment due to drinking for the last ten years, the circumstances favorable to the defendant shall be considered, and the punishment shall be determined like the order in consideration of all other factors of sentencing specified in the arguments in this case.