도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for not less than eight 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 December 22, 2004, the defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) at the Daegu District Court on June 1, 2007, and was sentenced to a summary order of 4 million won for a violation of the Road Traffic Act (driving without a license) or a violation of the Road Traffic Act (driving without a license). On April 25, 201, the same court issued a summary order of 2 million won for a fine of 2 million won for a violation of the Road Traffic Act (driving without a license) and received a summary order of 3 million won by the same court on December 20, 2013.
On June 4, 2014, at around 00:38, the Defendant driven a B Newcomp motor vehicle with a blood alcohol concentration of 0.214% under the influence of alcohol without obtaining a driver's license in a section of approximately 2 km from the front of a restaurant located in Nam-gu, Daegu-gu to the lower street of the same west-ro 1 to the lower street of the same Gu.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the state of driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and circumstantial statements;
1. A driver's license inquiry;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a summary order of the same kind of power and report on attachment of judgment) and statutes;
1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning facts constituting an offense;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
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 reason for sentencing under Article 62-2 of the Criminal Act is that the defendant was punished several times due to drinking or non-licensed driving, and again committed the crime of this case. However, the defendant's mistake is divided and reflected, and the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and all of the sentencing conditions in this case, including the circumstances after the crime, are considered as ordered.