도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal power] On March 5, 2007, the Defendant received a summary order of KRW 1 million from the Seoul Central District Court to a fine for a violation of the Road Traffic Act, and on June 1, 2012, the Defendant received a summary order of KRW 2 million from the Jungyang Branch District Court to a fine for a violation of the Road Traffic Act.
【Criminal Facts】
On June 15, 2013, at around 03:20, the Defendant, without a driver’s license, driven a B B B driver’s vehicle at a section of about 100 meters from the front road to the front road of about 1529-3 of the same Gu, the shape of the clothing that is in the Yandong in Ansan-gu, Ansan-si with a blood alcohol content of 0.132% under the influence of alcohol without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the drinking driving control, and a driver's license inquiry;
1. Previouss before ruling: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;
2. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavier drinking operation);
3. Selection of sentence of alternative imprisonment;
4. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
5. Article 62 (1) of the Criminal Act (Consideration of sentencing)
6. Although there are two grounds for sentencing under Article 62-2(1) of the Criminal Act, inasmuch as the drinking and driving without the license of this case, even if a person had a record of drinking driving twice the sentence of punishment under Article 62-2(1) of the Order to Attend the lecture, the sentence of imprisonment is determined as follows: (a) the sentence of imprisonment is to be imposed; (b) the execution of the order to attend the compliance driving lecture is suspended in consideration of the same record, but the risk