도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.
Punishment of the crime
On August 31, 2012, the Defendant is a person who was sentenced by the Gwangju District Court to a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) and a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the Gwangju District Court on July 29, 2014, and driving B K5 cars.
On March 27, 2015, at around 00:40, the Defendant driven the said vehicle under the influence of alcohol content of 0.122% without a motor vehicle driver’s license in approximately 3km section from the front of the restaurant in which the trade name in the Geum-dong of Gwangju-gu is unknown to the front of the jundong-gu to the front of the fluorium in the two cycle of the Dong-gu.
Summary of Evidence
1. Defendant's legal statement;
1. Making a report on the control of drinking driving;
1. Registers of driver's licenses;
1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. For the reason of sentencing under Article 62-2 of the Criminal Act, the punishment as ordered shall be determined by comprehensively taking into account all the sentencing conditions shown in the pleadings of the instant case, such as the defendant's drinking driving force (the person who has been punished twice due to drinking alcohol driving and has no record of punishment or heavier than a fine), driving distance, blood alcohol concentration, and other age, character and conduct, environment, health conditions and circumstances after the crime, etc.