도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for not less than five months.
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
On May 28, 2018, under the influence of alcohol content of 0.101% without a vehicle driver's license, the Defendant driven approximately approximately 200 meters from the front side of the Gwangju Mine-gu B market to the D Hospital, located in Gwangju Mine-gu C, with approximately 200 meters from the 200-meter section without a vehicle driver's license.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver involved in driving;
1. Notification of the results of regulating drinking 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) 2 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;
A. Unfavorable conditions: The Defendant again committed the instant crime even though he/she was punished twice in 2001 and 2017 due to driving under drinking, and the Defendant had a high alcohol level during blood.
(b) favorable conditions: The defendant's recognition of the crime of this case and reflects his mistake, and there is no record of punishment exceeding the fine;
C. The Defendant’s punishment was determined by taking account of various sentencing conditions prescribed in Article 51 of the Criminal Act, which are shown in the Defendant’s age, sex, environment, and other records of this case.