도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On April 28, 2005, the Defendant was issued a summary order of 700,000 won to a fine for a violation of the Road Traffic Act (non-licenseless Driving) at the Busan District Court, and was issued a summary order of 1 million won by the same court on November 2, 2009. On July 6, 2009, the Defendant was issued a summary order of 5 million won for a violation of the Road Traffic Act (non-licenseless Driving) at the Changwon District Court. On September 13, 2013, the Defendant was sentenced to imprisonment of 10 months for a violation of the Road Traffic Act (non-licenseless Driving) at the Busan District Court and completed the execution of the sentence at the Changwon District Court on August 23, 2014. On May 27, 2014, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (licenseless Driving) at the Changwon District Court.
1. On April 15, 2017, the Defendant driven a B-freight vehicle at a section of about 35 km from the section of the Kucukdong located in Seo-gu, Seo-gu, Busan, to the front road of the Kucukdong, Seo-gu, Busan, without a driver’s license, on the street located in Yangsan-si, Seo-gu, Busan.
2. On April 19, 2017, the Defendant driven a B Poter vehicle without obtaining a driver’s license at a section of approximately 500 meters from the front side of the two lux road located in the upper northwest-west side of Busan Metropolitan City to the lux road located in the same side, while under the influence of alcohol level of 0.12% among the blood transfusion around 21:15.
As a result, the Defendant, who violated the prohibition on drinking at least twice, was driving the said vehicle without obtaining a driver’s license in violation of the said provision.
Summary of Evidence
1. Statement by the defendant in court;
1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;
1. The driver's license ledger;
1. Application of the Acts and subordinate statutes governing enforcement photographs;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Article 35 of the Criminal Act for aggravated repeated crimes.