A defendant shall be punished by imprisonment for 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

The Defendant is a motorcycle driver B.

On October 12, 2018, at around 21:36, the Defendant driven the said vehicle under the influence of alcohol content of 0.111%, with approximately KRW 100 meters from the front road of Jyang-si, Jyang-si to the front road of the Namyang-si, Namyang-si without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

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

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Reasons for sentencing selective sentence of imprisonment with prison labor;

1. The scope of punishment by law: Imprisonment for six months to one year;

2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and

3. In addition, the Defendant was punished for the violation of the Road Traffic Act (driving) around 2014, around 2016, around June 2017, and around November 2017, the Defendant committed the instant crime.

The punishment as ordered shall be determined by comprehensively taking into account the following factors: the blood alcohol concentration of such defendant, the distance of driving, the distance from previous punishment records, and the age, character and conduct, family relationship, motive and means of the crime, circumstances after the crime, and other various sentencing conditions shown in the records and arguments of this case.