도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for one year.
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
【The Defendant was issued a summary order of KRW 1.5 million on February 28, 2002 with a fine of KRW 1.5 million for a violation of road traffic laws (drinking driving) at the Seoul Southern District Court on August 30, 2002. On August 30, 2002, the Defendant was sentenced to a suspended sentence of six months for a violation of road traffic laws (drinking driving), and on April 30, 2004, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic laws (drinking driving), and on April 4, 201, the Seoul Southern District Court issued a summary order of KRW 2.5 million with a fine of KRW 4 million for a violation of road traffic laws (drinking driving) at the Seocheon District Court of Incheon District on August 5, 2016, and was sentenced to a summary order of KRW 3 million for a fine of KRW 1.06 million from Incheon District Court on July 16, 2017.
【Criminal fact-finding on October 24, 2017, the Defendant driven a Brocketing motor vehicle under the influence of alcohol level of 0.096% while under the influence of alcohol level of 0.096%, without obtaining a driver’s license, at a section of about 8km in the vicinity of the same Si/Eup/Myeon, from the road inside the alley of Kimpo-si, Kimpo-si to the front road of the same Si/Eup/Myeon.
Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;
1. The driver's license ledger;
1. Previous convictions: Application of inquiries about criminal history and investigation reports (Attachment to the previous convictions and court rulings, etc.);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act with heavier punishment shall be imposed);
1. Selection of the penalty;