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 February 23, 2019, at around 17:44, the Defendant driven an Eone Star Corer under the influence of alcohol concentration of about 0.181% without obtaining a driving license from the front of the road located in the Busan Young-gu, Busan, to the front of the building D, Seo-gu, Busan, and without obtaining a driving 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. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on the order to provide community service and attend lectures lies in the same criminal act as the statement of the following criminal facts even though the defendant was sentenced to a fine twice due to drinking driving and unauthorized driving. Therefore, the defendant needs to be punished strictly.

The defendant's causing a traffic accident and realizing the risk of drinking driving is also disadvantageous to the defendant.

However, the defendant has no previous convictions over the probation, considering the favorable circumstances for the defendant.

In addition, the defendant's age, character, conduct and environment, motive, means and consequence of the crime of this case, circumstances after the crime, and other sentencing conditions specified in the arguments of this case shall be determined by taking into consideration only once, and the punishment shall be determined as ordered.