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.

Punishment of the crime

1. Around 13:50 on April 27, 2019, the Defendant driven a motor vehicle B with low alcohol level of 0.079% on the roads located in the Yansung-gun, Bosung-gun, Bosung-gun, in the shape of alcohol level around 0.079%.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of crackdown on drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act, prior to the instant crime, the Defendant driven a vehicle while drinking without the consent of the Defendant without the consent of the Defendant, even though there was a history of punishment of each fine on two occasions due to driving without the consent of the Defendant, drinking, and driving without the consent of the Defendant.

Moreover, the defendant has not acquired a driver's license once so far.

Nevertheless, the Defendant appears to have continued driving after having registered the vehicle in his own name. However, the Defendant’s act is to punish the Defendant by choosing imprisonment at once.

Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct, environment of the defendant, circumstances after the crime, etc.