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 history] On July 4, 2013, the Defendant was sentenced to a suspended sentence of two years for a year, and a fine of six million won for the same crime in the same court on October 29, 2014.
[2] On April 15, 2017, around 05:37, the Defendant: (a) driven a Crocketing car under the influence of alcohol content of 0.07% while under the influence of alcohol while under the influence of alcohol, without obtaining a driver’s license from around the dwelling of the Defendant in Jeju to the roads in front of the city in Jeju.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of the driver of the main place of business, and statement of the alcohol concentration in blood;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the confirmation of criminal history of the same kind), and statutes;
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 53 and Article 55(1)3 of the Criminal Act (see, e.g., Articles 55 and 55(1)3 of the Criminal Act) for mitigation of quantity;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. Along with the past records of the judgment of the same type of crime, such as drinking, driving without a license, and refusing to measure drinking, the defendant had been subject to six times of punishment for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act.
In addition, the conditions for sentencing, such as the background of the instant crime, alcohol content during the blood at the time of the crime, the age and environment of the defendant, and the circumstances after the crime, shall be determined as per the order.