A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On November 20, 2009, the Defendant was sentenced to a fine of 5 million won for a violation of the Road Traffic Act (driving) at the Busan District Court, and on June 1, 2012, to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) at the Busan District Court’s Branch Branch, respectively.
At around 04:00 on June 1, 2013, the Defendant driven C rocketing car with approximately 1km alcohol concentration of about 0.184% without a driver’s license from the front road of the Seowon market located in the Seocho-gu Busan Metropolitan City, to the front road in the same Gu and the front road in the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. A report on the actual state of the driver;
1. Registers of driver's licenses;
1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a written judgment and attachment of summary order);
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 June 1, 2012, the Defendant was sentenced to two years of imprisonment for a violation of the Road Traffic Act on the grounds of the crime of violation of the Road Traffic Act at the Busan District Court’s Branch Branch; (b) on June 9, 2012, the Defendant again committed the instant crime of the same kind, even though the said judgment became final and conclusive on June 9, 2012; (c) the Defendant had the records of having been punished five times for the same crime of the same kind; (d) the amount of drinking alcohol is significant; and (e) the motive, background, means and methods of the instant crime; (e) the Defendant’s age, character and conduct, career, and environment, etc.