A defendant shall be punished by imprisonment for four 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

around 04:15 on November 15, 2016, the Defendant driven BMW car at the section of approximately 1 km from the front of the Madi Hospital located in the same Nowon-gu, Daegu, the mutual influence of alcohol level of 0.058% during blood without a driver’s license, to the front of the Kmadi Hospital located in the same Gu.

around 04:40 on December 21, 2016, the Defendant driven BMW car at a section of about 1 km to the same Gu and the 1km-ro, the 302-dong, Seogu, Daegu-gu, Daegu-gu, without a driver's license.

Summary of Evidence

"2016 Highest 5951"

1. Statement by the defendant in court;

1. Inquiries into the results of crackdown on the driving of alcohol, and the driver's license ledger (A) 2017 high group 218;

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a driver's license;

1. Article 148-2 (2) 3 and Article 44 (1) of the Traffic Act concerning facts constituting an offense, and Articles 152 subparagraph 1 and 43 of the Traffic Act (unlicensed driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Traffic Act by a person on November 15, 2016 and the crimes of violating the Traffic Act by a person on November 15, 2016);

1. Selection of each sentence of imprisonment;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentencing conditions indicated in the records of this case, such as the age, sex, family, family relationship, home environment, motive and means of the crime, and the circumstances after the crime, shall be determined in full view of the following circumstances as well as the Defendant’s age, sex, family relation, family environment, and the sentence as ordered.

Unfavorable circumstances: The defendant committed the crime of this case even though he had been punished several times due to the same kind of crime in the past.

In particular, the defendant has been driving without a license after the crackdown on the preceding case.

The favorable circumstances: The defendant is not subject to punishment exceeding the fine for the same crime.

. The defendant-appellant.