A defendant shall be punished by imprisonment for four 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 8, 2013, the Defendant driven a B observer car at a section of about 500 meters from the 500-meter radius to the front road of the Fridong in Seo-gu, Seo-gu, Seo-gu, about 0.172% alcohol level without obtaining a driver's license, while under the influence of alcohol level of 0.172%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employer-employed driver (A);

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

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. 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, Article 59 of the Act on Probation, etc., and Article 62-2 of the Act on Probation, etc., the defendant was driving without a license in the high alcohol level of 0.172%. The defendant committed the crime of this case two times a fine due to the crime of drinking driving, which is the same kind of crime as the crime of this case, even though he had been punished two times a fine due to the crime of driving without a license, repeats the crime of this case within the second short term (In addition, even in this case, even though the defendant continued to possess the vehicle while his license was revoked due to the crime of driving without a license, and re-driving and driving without a license, it is deemed that a strict punishment is necessary for the defendant. However, the defendant's negligence is divided into his own mistake and reflects the defendant, the defendant did not have any criminal record other than seven times a fine, the traffic accident at the time of this case does not occur, and the motive, means and result of the crime of this case, the defendant's age, home environment, etc.