A defendant shall be punished by imprisonment for four months.

Criminal facts

On April 18, 2016, at around 6:50, the Defendant driven a vehicle C, salary class III without a mandatory insurance without a driver’s license, in the section of about 5km, with a blood alcohol concentration of 0.170%, from around the road near the Kyung-gun B apartment road in front of the front city Kim Jong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, notification on the results of crackdown on drinking driving, the register of driver's licenses, and application of mandatory insurance-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. That the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that the defendant commits concurrent crimes is repenting of wrong facts is more favorable, but it is disadvantageous that the defendant once again imprisoned and driven without a license even though he/she was under suspended sentence due to the same kind of crime.

When this judgment becomes final and conclusive, the sentence of the above suspension of execution shall be determined as ordered in comprehensive consideration of the fact that the sentence is invalidated, and various sentencing conditions recorded in the records, such as the character, behavior, career, and circumstances before and after the crime.