도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 17, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on August 17, 2009, and KRW 4 million for the same crime at the same court on August 12, 2015.
Although the Defendant had been punished twice or more for a crime of violating the Road Traffic Act (drinking) as seen above, on April 10, 2016, the Defendant driven B-L car at approximately 5km from the 19km section to the front road as he was under the influence of alcohol content of 0.098% in blood while under the influence of influence of alcohol at around 19:45 on April 10, 2016 without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. The driver's license ledger;
1. Previous convictions: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (former rulings) and Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of a sentence of alternative imprisonment with prison labor (including the defendant's previous conviction for one suspended sentence, but he/she again leads to the drinking of this case and driving without obtaining a license, etc.);
1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (Considerations, etc. that reflect mistakes);
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Orders to observe protection and attend lectures under Article 62-2 of the Criminal Act;