A defendant shall be punished by imprisonment for six 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 July 20, 2013, the Defendant, without obtaining a driver’s license for a motor vehicle on July 20, 2016:30, driven a Bsch Rexton motor vehicle with blood alcohol concentration of about 0.139% at the distance of about 60km from the front of the Chungcheongnamnam University located in Daejeon Seo-gu, Daejeon to the extent of about 30km from the border located in the Chungcheongnam-gu, Daejeon-gu, Daejeon-do to the branch of the Daejeon-gu, Chungcheongnam-do, Daejeon-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accident (report on actual condition of traffic accident 1, 2);

1. Photographs of the accident site;

1. A report on detection of a host driver;

1. Statement in the circumstances of an employee;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes of the Investigation Report (Application of Badmark);

1. Relevant provisions of Article 148-2 (2) 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 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 alternative imprisonment with prison labor (the following factors, etc. of sentencing shall be taken into account):

1. Article 62 (1) of the Criminal Act ( repeatedly considering factors, etc. describing the reasons for sentencing following the suspended sentence);

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant committed the instant crime at another time at the same time, even though he had been punished by a fine on three occasions due to the same kind of violation of the Road Traffic Act, and that the Defendant’s blood alcohol concentration and the distance of unauthorized driving is considerable, etc. are elements for sentencing unfavorable to the Defendant.

On the other hand, however, the Defendant appears to be against the Defendant when making confession of the instant crime, considering the fact that it appears to be against the Defendant’s favorable sentencing factors, and determining the Defendant’s punishment like the disposition, by comprehensively taking into account the Defendant’s age, character and conduct, environment, etc., and all of the sentencing conditions indicated