The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for nine months.

1. On May 13, 2013, the defendant was sentenced to a suspended sentence of one year for driving without obtaining a license from the Suwon District Court's branch of Suwon District Court on the following grounds: on May 13, 2013, the defendant committed each of the crimes of this case under the series of crimes of this case; each of the crimes of this case constitutes a case where the defendant under the Road Traffic Act is subject to heavy punishment as a consequence of driving at the same time after the defendant committed a two-time driving under the influence of alcohol; in the case of imprisonment, the fact that the statutory minimum limit is one year; the defendant reflects his mistake; the defendant has no previous conviction; the defendant has to be sentenced to the suspended sentence after the suspension of the above execution becomes final and conclusive; the defendant's age, character and behavior, health, home environment, and all of the records and arguments of this case are considered to be unfair.

2. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit.

Criminal facts

The summary of the facts charged and the evidence admitted by the court is the same as the corresponding column of the judgment below, and thus, it is cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act; and

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (Consideration favorable to the grounds for reversal);