도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for four 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 November 24, 2018, the Defendant driven a car with approximately KRW 500 meters E rocketing Ework from the frontway in Gwangju Southern-gu to the frontway in Gwangju-gu, without obtaining a driver's license, and with a blood alcohol concentration of at least 0.070%.
Summary of Evidence
1. Statement by the defendant in court;
1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);
1. Application of the statutes on the register of driver's licenses;
1. Relevant Article 148-2 (2) 3 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of violation of the Road Traffic Act with heavier punishment among the crimes of each of the above crimes and without permission);
1. Selection of imprisonment with prison labor chosen;
1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances
1. The reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Probation Act, and Article 62-2(1) of the same Act, and Article 62-2(1) of the same Act, are as follows: (a) the Defendant was already punished for drunk driving; (b) the Defendant was engaged in driving without a license for drinking alcohol; and (c) the Defendant was not in a good condition after the crime
In addition, the defendant is selected to be sentenced to imprisonment in consideration of the fact that he has a large number of criminal records in addition to the above drunk driving.
However, the fact that the defendant has no record of criminal punishment exceeding a fine due to drinking driving and that the defendant has no record of punishment due to drinking driving after 2007 shall be considered favorably.
In addition, the motive for driving without a license for drinking alcohol, the place and distance of driving without a license for drinking alcohol, the degree of blood alcohol concentration, other circumstances after committing the crime, the defendant's age, character and behavior, environment, etc.