A defendant shall be punished by imprisonment for one year.

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

[2016 Highest 2698] On November 28, 2016, the Defendant driven C Poter Cargo Vehicles while under the influence of alcohol content of about 0.074 percent in a section of about 500 meters from the roads in front of Pyeongtaek-si B to the roads in front of the lower limit of the 145-year-old land site.

[2017 Highest 202] On January 18, 2017, the Defendant driven C Poter Cargo Vehicles without obtaining a driver’s license from around 1.5 kilometers from the front of Pyeongtaek-si to the front of about 552 roads in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act (the point of drinking alcohol, the choice of imprisonment), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the point of driving without a license, the choice of imprisonment) concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Act and the provision of an order to provide community service and attend lectures has the record of being punished several times due to drinking without a license, and the sentence has been sentenced in 2006.

In addition, the nature of the crime is not that of another driver without a license during the trial of this case.

However, the execution of imprisonment is suspended considering all circumstances such as the low drinking value, the fact that driving was controlled by drinking while working in order to work at the new wall following the day of drinking, the fact that there is no criminal history for the last four years, the vehicle of this case was scrapped and the fact that it does not repeat again, etc.