도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
Punishment of the crime
On March 10, 2017, around 21:44, the Defendant driven a C-wing truck with alcohol content of 0.064% while under the influence of alcohol content at approximately 300 meters from the front of the Seodaemun Fire Station located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul to the front of the Korea Ginseng located in 212 in Seodaemun-gu, Seodaemun-gu, Seoul.
Summary of Evidence
1. Statement by the defendant in court;
1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);
1. The Defendant, on June 5, 2010, revoked the driver’s license of a motor vehicle, and thereafter, from 2013 to 2016, was punished three times by a fine due to drinking and driving without a license. Moreover, on May 24, 2016, the Defendant again committed the instant crime without any awareness of compliance with traffic laws and regulations even during the suspension period of execution after being sentenced to two years of suspension of execution by the Seoul Western District Court on June 24, 2016. In light of the fact that the Defendant again committed the instant crime without any awareness of compliance with traffic laws and regulations, it is necessary to punish the Defendant accordingly.
However, in light of the fact that the defendant is against the crime of this case, the degree and distance of the defendant's main driving, the suspension of execution of imprisonment imposed on the defendant when this judgment becomes final and conclusive, the defendant's age, sex, family environment, motive for the crime, circumstances after the crime, etc., the punishment as ordered by Article 51 of the Criminal Act shall be determined by taking into account the sentencing conditions stipulated by Article 51 of the Criminal Act.