A defendant shall be punished by imprisonment for six months.

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

On November 9, 2016, the Defendant, without a driver’s license, driven a vehicle B A63.0 TDR at approximately 400 meters from the 85-lane to the 58-lane from the 21st day of the Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul to the 58-lane, while under the influence of alcohol content 0.209% during blood transfusion around 01:35 on November 9, 2016. The summary of the evidence is as follows.

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. The investigation report on the actual condition of traffic accidents, the consent to blood collection, the circumstantial statement of the driver with the main driver, the statement of alcohol during blood, the report on detection of the driver with the main driver, and the application of the statutes governing the register of driver'

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include: (a) the Defendant committed the instant crime even though he had the past record of punishment for driving without a license; (b) the amount of alcohol concentration at the time of the instant crime is very high to 0.209%; and (c) the Defendant attempted to conceal his crime after traffic accident occurred; and (d) the Defendant reflects the recognition of the instant criminal fact and wrong; and (c) the Defendant has no record of punishment in excess of the past fine, taking into account favorable circumstances, such as the fact that the circumstances after the instant crime are inferior.