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

On July 26, 2018, around 05:38, the Defendant driven a car without obtaining a driver’s license from the front of the ridge, which is located in the Dong-dong of Namwon-si, to the front of the Confucian School located in the Dong-dong of Namwon-si, Namwon-si, with approximately 3km alcohol concentration of 0.206% under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

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. Article 62(1) of the Criminal Act on the stay of execution (The following conditions of sentencing shall be considered as favorable among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act was already punished by the Defendant for driving under drinking once, and the Defendant again committed the instant crime despite the revocation of the driver’s license, and the Defendant’s blood alcohol concentration is very high at the time of the instant crime, which is disadvantageous to the Defendant.

However, the defendant reflects his mistake in depth, the defendant has no particular criminal record in addition to a one-time fine, considering the circumstances favorable to the defendant, and the punishment shall be determined like the order, taking into account all the factors of sentencing specified in the arguments in this case.