도로교통법위반(무면허운전)등
Defendant shall be punished by a fine of KRW 8,000,000.
When the defendant does not pay the above fine, 100,000 won.
Punishment of the crime
On March 25, 2016, at around 22:57, the Defendant, without obtaining a driver’s license, driven a BS-type car with alcohol content of 0.260% in blood while under the influence of alcohol, and proceeded with approximately 3 km section from Changdong-gu Incheon Metropolitan City to about 718-10 way ahead of the same Gu-dong 718-10.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Inquiries about the results of crackdown on drinking driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (a punishment provided for in any of the crimes referred to in the above Articles and 50 shall be imposed for any violation of the Road Traffic Act with heavier punishment);
1. Selection of an alternative fine for punishment;
1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;
1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the Defendant had the record of a single kind of crime, and is driving under the influence of alcohol without a driver’s license, is not less than the nature of the crime. However, the Defendant did not repeat the crime, such as the fact that the Defendant did not violate other traffic-related Acts and subordinate statutes, his mistake is divided later, and sale of owned vehicles, etc., and the Defendant’s age, sex behavior, occupation, environment, family relationship, etc. is determined as above, considering all other circumstances constituting the condition for sentencing, such as the Defendant’s age, sex, job, family relationship, etc.