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 September 25, 2018, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a B-e-sports cargo vehicle at approximately 13 km from the 13 km section of approximately 13 km to the front road of the Yellow Sea of 1618, in the e-mail, in a state of 0.189% alcohol concentration in the blood while under the influence of alcohol.
Summary of Evidence
1. Statement by the defendant in court;
1. C’s statement;
1. A traffic accident report, on-site inspection report, and on-site photographs;
1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating 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. Article 62 (1) of the Criminal Act on the suspended execution;
1. The crime of this case on the grounds of sentencing under Article 62-2 of the Social Service Order Criminal Act is deemed to have been committed by the Defendant, whose driver’s license was revoked on August 15, 2018 due to his refusal to measure the drinking alcohol, and the nature of the crime is not less than that of the Defendant’s non-exclusive driver’s license and not only the high level of alcohol concentration due to the drinking alcohol, but also the Defendant seems to have caused contact with the pre-driving vehicle during the pertinent drinking, and the degree of the accident is not easy. In light of the above, the pertinent drinking of this case is deemed to have not a large degree of risk.
In addition, even though the defendant was found to have refused to measure drinking in July 2018, the defendant was found to have been able to criticize the driving of drinking in this case for only two months.
However, the fact that the defendant recognized the crime of this case and divided his mistake, that there is no record that the defendant has been punished by the suspension of execution or more until now, and that there is the age, sex, environment, motive and means of the crime.