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 April 1, 2013, the Defendant, while under the influence of alcohol by 0.176% without a driver’s license on April 23:50, 2013, driven a car B in the section B of approximately 300 meters from the front day of the sand distance of the Gwangju Bank located in Yangsan-dong, Gwangju, to the front day of the wall after the Cheongam apartment in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (32 pages of investigation records);

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 Probation Act, and Article 59 of the Act on Probation, etc. is high level of blood alcohol level of 0.176%, the defendant repeated the crime of this case even though he had been punished five times due to the crime of this case, which is the same kind of crime as the crime of this case, the crime of this case, or the crime of driving without a license (other than that, the defendant had the record of being punished for a suspended sentence due to the violation of the Road Traffic Act), and the defendant committed the crime of this case at the time of drinking of this case and driving without a license. However, it seems that the defendant's minor punishment is necessary. However, the defendant's mistake is divided and reflected, and five years have passed since the defendant was punished for a fine due to a unauthorized driving, and the motive, means and result of the crime of this case, the defendant's age after the crime of this case, and various conditions of personality and behavior, etc. are considered to be mitigated within the scope of mitigation.