도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six 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 October 26, 2009, the Defendant issued a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Southern District Court on October 26, 2009, and a summary order of KRW 3,00,000 as a fine at the Seoul Western District Court on January 20, 201.
Although the Defendant had been able to commit a crime of violating the Road Traffic Act at least twice as seen above, on August 23, 2017, the Defendant driven B Poter vehicle at a section of about 200 meters from the front of a mutual influent restaurant located in Pyeongtaek-gu, Pyeongtaek-gu, Pyeongtaek-gun, Gyeonggi-do to the front of the 155 Gyeonggi-do Office of Education, while under the influence of alcohol at around 0.081% during blood without obtaining a driver’s license on August 23, 2017.
Summary of Evidence
1. Statement by the defendant in court;
1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);
1. The driver's license ledger;
1. Records of judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports (referring to filing of relevant summary orders);
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Reasons for sentencing under Article 62-2 of the Criminal Act - The fact that each of the crimes of this case was committed at once due to driving under drinking and driving without a license despite the past record of criminal punishment on two occasions by driving under drinking, and the fact that it seems to be to recognize and reflect mistake, the degree of alcohol content in the blood of this case is less than 0.1%, and there is no record of criminal punishment exceeding fines.