도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
【Criminal Power】 On August 4, 201, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act at the Incheon District Court on August 4, 201, and completed the execution of the above sentence at the Incheon Detention Center on December 4, 2011. On January 9, 2009, the Defendant was sentenced to four months of imprisonment with prison labor for a violation of the Road Traffic Act at the Incheon District Court on February 16, 2006, issued a summary order of three million won of fine at the Incheon District Court on February 16, 2006. On March 24, 2005, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution.
【Criminal Facts” around 22:40 on May 28, 2013, the Defendant driven a vehicle of approximately 2 km from the 17th East Dong-dong, Incheon, Seo-gu, Incheon, to the 29rd-dong, Namdong-dong, Nam-gu, Incheon, with a vehicle of approximately 0.210% alcohol concentration without a vehicle driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses and reports on driving licenses;
1. Previous records: Application of criminal records, etc., personal identification and confinement status, investigation reports (period of repeated crime and confirmation of the same criminal records) and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (2) 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. Article 35 of the Criminal Act among repeated crimes;
1. Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized his mistake and reflects the defendant's reason for sentencing under Articles 53 and 55 (1) 3 of the Criminal Code for discretionary mitigation (the following reason for sentencing), and support for two minor children, the defendant has been punished for the same kind of crime as stated in its reasoning.