A defendant shall be punished by imprisonment for not more than ten 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 May 13, 2015, at around 01:53, the Defendant driven BM car under the influence of alcohol level of 0.214% without obtaining a driver’s license in a section of 150 meters from before and after the Dominian in the Dominian Zone in Busan Metropolitan City, to the roads before the Dominian 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 statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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;

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

1. Selection of imprisonment with prison labor chosen;

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 (The following consideration shall be made again for the reason of sentencing);

1. In light of the following circumstances in sentencing under Article 62-2 of the Criminal Act, and other circumstances as well as the Defendant’s age, character and conduct, environment, circumstances leading to the Defendant to commit each of the instant offenses, and various sentencing conditions under Article 51 of the Criminal Act as stated in the records of the instant case, such as the circumstances before and after the commission of the instant crime, it is reasonable to suspend the execution of the sentence only once more than the Defendant’s imprisonment with prison labor for a long time, but to order the Defendant to provide community service and to attend a compliance driving course for a certain period of time, and therefore, the sentence shall be

Unfavorable circumstances: The defendant's criminal punishment for the same crime is not taken place, but again commits each of the crimes of this case, and the possibility of criticism is very high.

The defendant seems to have significantly increased the risk of traffic accidents due to the very heavy influence of alcohol.

The favorable circumstances: the defendant committed each of the crimes in this case.