도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for a term of one year and two 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 power] On April 13, 2009, the Defendant received a summary order of KRW 700,000 from the Incheon District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act (driving) in the same court on February 24, 2014, a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million in the same court on January 18, 2019, respectively.
【Criminal Facts】
On February 8, 2020, the Defendant, at around 00:20, driven D Launa car under the influence of alcohol content of 0.093% without obtaining a driver’s license from approximately 500 meters section from Nam-gu, Incheon to the high-priced level in the same Gu C.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, and inquiry of the results of the drinking driving control;
1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing summary orders;
1. Selection of imprisonment with prison labor under Article 40 of the relevant Act, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 152 subparagraph 1 of the Road Traffic Act, and Article 43 of the same Act concerning the crime;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The reason for sentencing under Article 62-2 of the Criminal Act on the order to provide community service and attend lectures was that the Defendant had been punished three times due to drunk driving, but was driving under the influence of alcohol in the second state of license without a license.
However, it shall be considered as favorable factors such as the fact that a person is not driving under the influence of alcohol, the fact that there is no record of punishment as a sentence, and the degree of other drinking, the age, character and conduct of the defendant, and the environment, etc., which are recorded in the records of this case, shall be determined as the sentence like the order.