도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six 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
On March 26, 2013, the Defendant received a summary order of KRW 3 million from the Ulsan District Court to a fine of KRW 3 million for a violation of the Road Traffic Act, and on October 22, 2013, the same court received a summary order of KRW 5 million for a violation of the Road Traffic Act.
Around 08:50 on September 10, 2014, the Defendant, while under the influence of alcohol with a blood alcohol content of 0.119%, driven a Cmari vehicle at a section of about 100 meters from the restaurant parking lot located in Ulsan-gu, Ulsan-gu without a car driver’s license to the third intersection distance in the same location.
Therefore, even though the Defendant had a drinking power twice or more, he was driving a motor vehicle without a driver's license while under the influence of alcohol.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. The driver's license ledger;
1. Statement on the actual state of exploitation;
1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;
1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (1) 1 and Article 44 (1) of the same Act concerning the facts constituting an offense;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);
1. Selection of imprisonment with prison labor chosen;
1. Mitigation of discretionary mitigations under Articles 53 and 55 (1) 3 of the Criminal Act (The favorable circumstances described below):
1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that has no other penal power, in addition to the fine on two occasions on the market; Article 62 (1) of the same Act; Article 62 (1)
1. Article 62-2 (1) of the Criminal Act, Article 59 of the Act on Probation, etc.;