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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On September 25, 2012, the Defendant issued a summary order of KRW 4,00,000 by a fine for a violation of the Road Traffic Act (driving) at the Seoul Northern District Court on September 25, 2012, and on September 23, 2013, the same court issued a summary order of KRW 3,00,000 by a fine for a violation of the Road Traffic Act (driving). On October 3, 2013, the Defendant operated a CDap car under the influence of alcohol of approximately 1.2 km in Seoul Special Metropolitan City, Nowon-gu from the front day of the restaurant "Gabe" in Seoul Special Metropolitan City on October 3, 2013 to the front day of the U.S. apartment located in Seoul Special Metropolitan City, Nowon-gu 59-ro 28, without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the situation of running a motor vehicle under the influence of alcohol;
1. Registers of driver's licenses;
1. Application of Acts and subordinate statutes to criminal records, inquiry reports;
1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;
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, between the crimes of violation of the Road Traffic Act and without a license, and the crimes of violation of the Road Traffic Act of which punishment is heavier);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The grounds for sentencing under Article 62-2 of the Criminal Act include the fact that the defendant was punished for the same kind of crime, but is in depth against the confession of the crime of this case, such as intending to dispose of the vehicle of this case, etc., and the defendant's blood alcohol concentration and driving distance, etc. shall be determined by taking into account