A defendant shall be punished by imprisonment for not less than eight 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 29, 2011, the Defendant was sentenced to a suspension of indictment on condition of education at the Juvenile Flight Prevention Center at the Changwon District Prosecutors' Office as a crime of violation of the Road Traffic Act, and received a summary order of KRW 3,000,000 as a fine for a violation of the Road Traffic Act at the Changwon District Court on February 20, 201.

1. Around 17:00 on March 27, 2015, the Defendant was driving a B-to-purd vehicle without obtaining a driver’s license at a section of about 30 km from the city of Kimhae to the sea-going road located in the Do of Busan in the Busan in the Do of Magu, Busan in the case of the Defendant.

2. On March 28, 2015, the Defendant violated the provisions of the Road Traffic Act prohibiting driving under the influence of alcohol twice or more, and operated BA-pured vehicle under the influence of alcohol at least 0.116%, without obtaining a driver’s license, from the roads front of the shipping station located in the Busan High Don-si, Busan High Don on March 28, 2015 to the roads front of the subway station located in the same Dong-gu, Busan High Don-don-si, the Defendant driven B-pured vehicle under the influence of alcohol concentration of about 1km at about 0.116% without obtaining a driver’s license.

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. Registers of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate 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 (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; 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62(1) of the Criminal Act (hereinafter “Suspension of Execution”) 1.