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 February 7, 2012, the Defendant was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act (driving) at the Daegu District Court’s Ansan-dong branch on February 7, 2012, and a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) at the above court on June 18, 2013.
On April 1, 2014, the Defendant, without obtaining a driver’s license at around 23:40, driven a character vehicle at approximately 1 km from the front side of the “marburine urine” in the Ansan-dong while under the influence of alcohol by 0.120%, to the front side of the sex house in the same city transmission dong.
Summary of Evidence
1. Defendant's legal statement;
1. A driver's license inquiry and a report on detection of a driver;
1. Division: Application of Acts and subordinate statutes to inquiry reports on criminal records, investigation reports, and criminal records, etc. (Binding a copy of the same type of judgment);
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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered as favorable circumstances among the grounds for the relevant punishment);
1. Article 62 (1) of the Criminal Act on the suspension of execution ( normal consideration of the reasons for the suspension of execution);
1. The reasons for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service, even though there are several times the records of the same kind of crime, the Defendant committed this case and cannot be deemed to be less and less against the responsibility of the crime. However, the Defendant appears to recognize his mistake and reflect his attitude, and the Defendant would not repeat the recidivism again, taking into account all the conditions prescribed in Article 51 of the Criminal Code, and selected a suspended sentence.