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

1. Around 10:00 on August 2, 2012, the Defendant driven a C Poter under the influence of alcohol with a blood alcohol concentration of 0.316% without obtaining a driver’s license from the 3k section from the 3rd-dong manpower center located in the Busan Northern-dong, Busan to the 3km Sports Park.

2. The Defendant, who operated a motor vehicle not mandatory insurance, was driving the foregoing cargo vehicle that was not covered by mandatory insurance at the same time and at the same place as that of paragraph 1.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver (No. 9 pages of evidentiary records);

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on mandatory insurance;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, Article 152 subparagraph 1, Article 43 of the Road Traffic Act, Article 46 (2) and the main sentence of Article 8 of the former Guarantee of Automobile Accident Compensation Act (Amended by Act No. 11369, Feb. 22, 2012);

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

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes within the scope of the sum of the long-term punishments of the crimes of violating the Road Traffic Act with heavier penalty) ;

1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances in the rear);

1. Article 62 (1) of the Criminal Act on the suspension of execution (wholly favorable circumstances to be considered in the rear);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. [the scope of punishment] shall be sentenced to imprisonment for six months to two years [the sentence], and the defendant for two years of suspended execution shall be subject to criminal punishment for a drunk driving.