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 May 24, 2019, the Defendant, without obtaining a driver’s license, driven a car at approximately 1 km from the front side of the “C” to the front road of the “E” located in Yong-gun, Young-gu, Seoul with a blood alcohol content of 0.28% while under the influence of alcohol, and driving a car at approximately 1 km from the front side of the “E” to the “E” road.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (Report on the status of an employee);

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

1. Relevant Article 148-2 (2) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 62-2 of the Act on the Order of Community Service and Order of Education, despite the fact that the Defendant had had had been punished for driving under drinking once in 2015, the Defendant was not only engaged in driving under a license without drinking, but also selected imprisonment in that the level of blood alcohol concentration at the time is very high.

However, it is advantageous to the fact that the defendant has a criminal record of a fine not only once but also a criminal record of the above drunk driving, and that the defendant is willing not to drive a drunk driving again while seriously opposing the crime of this case.

In addition, various circumstances such as motive for driving without a license for drinking alcohol, place and distance of driving without a license for drinking alcohol, after committing the crime, and other circumstances, the defendant's age, character and behavior, environment, etc.