도로교통법위반(무면허운전)등
1. The defendant shall be punished by imprisonment for four months;
2. Provided, That 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
At around 20:00 on November 17, 2014, the Defendant driven Csch Rexton car under the influence of alcohol content 0.163% while under the influence of alcohol, without obtaining a driver’s license at a section of about 100 meters from the front day of the “highly restaurant” to the posts located in the same Ri located in the fence of Yangyang-gun, Seoyang-gun, Yangyang-gun, Seoul.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses, such as reports on detection of drivers, circumstantial statements and car driving licenses;
1. Relevant provisions of Article 148-2 (2) 2, 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. Grounds for sentencing under Article 62 (1) of the Criminal Act;
1. The scope of applicable sentences under law: Imprisonment for three months to six months; and
2. Scope of recommending sentencing criteria: Offenses for which the sentencing criteria are not set; and
3. Determination of sentence: 4 months of imprisonment, 2 years of suspended sentence, the fact that the defendant was punished several times for the same crime, the blood alcohol content of the defendant was higher than 0.163%: Provided, That the defendant has no criminal record exceeding the fine, the crime of this case does not lead to traffic accident, and other sentencing conditions shown in the arguments of this case, such as the defendant's age, character and behavior, environment, circumstances of crime, and circumstances after crime, shall be determined as ordered, taking into account all of the sentencing conditions shown in the arguments of this case;