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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 15, 2010, the Defendant was issued a summary order of 1.5 million won for a crime of violating the Road Traffic Act at the Gwangju District Court, and issued a summary order of 1.5 million won for a fine for the same crime at the same court on November 28, 2012, and issued a summary order of 5 million won for the same crime at the same court on March 17, 2016.
On April 13, 2017, around 22:33, the Defendant driven a DNA-learning car in the state of alcohol alcohol concentration of about 0.137% without obtaining a driver's license from around 1km-dong, Gwangju, to the front road of the innovative apartment in the 375-ro, the same Gu-ro.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement of the circumstances of drivers working at the main place and a statement of control details;
1. The driver's license ledger;
1. The point of previous convictions in judgment: The application of a reply to inquiry, such as criminal history, and a report on investigation (the previous confirmation report);
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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. In addition, even though there was a history of punishment of five times of fine due to the driving of drinking alcohol for the reason of sentencing under Article 62-2 of the Criminal Act, the crime of this case's drinking and the crime of non-licenseless driving is not exceptionally applied.
However, considering favorable circumstances, such as the fact that there is no record of crime exceeding fines due to the crime of drinking driving, and the fact that the vehicle is being scrapped and the driver does not drive again after scrapping of the vehicle, the punishment as ordered shall be determined by taking into account all factors of sentencing specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime.