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
[criminal power] On January 14, 2002, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the port support branch of the Daegu District Court on January 14, 2002, and a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on February 20, 2004. On February 14, 2008, the Defendant was sentenced to a summary order of KRW 8 months and suspended execution for a violation of the Road Traffic Act (Refusal of Drinking) at the above racing support branch on February 14, 2008. On August 5, 2009, the Defendant was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (driving of Drinking) from the above support branch on August 6, 2013.
【Criminal Facts】
On October 21, 2013, around 01:49, the Defendant driven a ecoo vehicle B under the influence of alcohol content of at least 0.138% without obtaining a driver’s license from the front of the restaurant in the North-gu Rackdo-dong, North Korea at the port to the front of the same 100-meter road.
Summary of Evidence
1. Defendant's legal statement;
1. Registers of driver's licenses;
1. Inquiry into the results of crackdown on drinking driving;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (including attached documents, such as written judgments, etc. and attached documents) and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act (i.e., reflective facts of the suspension of execution);
1. Order to attend lectures or order to provide community service under Article 62-2 of the Criminal Act;