A defendant shall be punished by imprisonment for not less than eight 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

On June 28, 2019, the Defendant, without a driver’s license around 08:49, driven a vehicle CK5 vehicle owned by the Defendant in a section of about 30 km from the upper end of the Sejong apartment to the front end of the Daejeon Dong Dong-dong Residents’ Center, while under the influence of alcohol by 0.107%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

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

1. Relevant provisions of Article 148-2 (3) 2, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the driving without a license is a traffic accident, and it may cause damage not only to the driver but also to other infinites' lives and property, and thus, it is highly dangerous. Therefore, a strict punishment is required.

The blood alcohol concentration is not low, and there are many records of punishment for the same kind of crime.

However, considering the fact that the defendant recognized the crime of this case and did not repeat the crime, the defendant's age, character and conduct, family relation, environment, motive, means and result of the crime of this case, various sentencing factors in the trial process of this case, such as the defendant's age, character and conduct, family relation, environment, motive, means and result, etc.