도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for one year.
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 December 17, 2014, the Defendant received a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Gwangju District Court, and on November 28, 2017, the Defendant received a summary order of KRW 3 million for the same crime at the same court.
【Criminal Facts】
On November 24, 2018, at around 22:40, the Defendant driven a Fcoon car without obtaining a driver's license from approximately 600 meters section from the roads near the Gwangju Mine-gu, to the E Hospital near the same Gu, while under the influence of alcohol level of about 0.107% without obtaining a driver's license.
As a result, the defendant violated the prohibition clause on drunk driving more than twice, and drives a motor vehicle without obtaining a driver's license in a drunken state in violation of the above provision.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;
1. Registers of driver's licenses;
1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation report (including a copy of a summary order attached thereto) and 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 62 (1) of the Criminal Act;
1. An order to attend the course of sentencing under Article 62-2 of the Criminal Act shall be imposed by selecting imprisonment at a time, taking into account the distance between the defendant's records of the punishment of drunk driving and the records of punishment, and the crime of this case shall not exceed one year from the last punishment.
Other punishment as ordered shall be determined in consideration of the degree of blood alcohol, the details of the driving without a license for drinking, the distance and place of driving without a license for drinking, the age, character and conduct, environment of the defendant, circumstances after the crime, etc.