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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On September 16, 2009, the Defendant was issued a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Busan District Court on September 16, 2009, and on January 11, 2012, the Defendant was sentenced to two years of suspended sentence for the same crime in the same court on January 19, 2012, and the said judgment became final and conclusive on January 19, 2012.
At around 602:30 on April 6, 2013, the Defendant driven Cone Star car with a blood alcohol concentration of 0.128% from the front side of the and the restaurant located in the Busan High-dong, Busan High-gu to the front side of the luplate located in the Busan High-gu, Busan High-gu, without a driver's license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. Investigation report (the details of revocation disposition and the driver's license register);
1. Previous convictions indicated in judgment: The application of Acts and subordinate statutes to criminal records and investigation reports (prior to and after disposition and report on results of confirmation);
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;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation are as follows: (a) on January 11, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act at the Busan District Court on April 19, 2012, and the judgment became final and conclusive on January 19, 2012; (b) again commits the instant crime of the same kind; (c) the drinking water is considerable; (d) the motive, background, means and method of the instant crime; (d) the circumstances before and after the instant crime; and (e) the Defendant’s age, character and conduct, career, environment, etc. as shown in the instant argument, and the sentence is determined as per Disposition