도로교통법위반(무면허운전)등
A defendant shall be punished by imprisonment for not less than eight 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 May 28, 2018, the Defendant driven a D-UP car in a state of 0.058% alcohol concentration in blood without obtaining a driver’s license, from around 30 meters from D-UP to D-UP, on around 19:25 on May 28, 2018.
1. Statement by the defendant in court;
1. E statements;
1. Notification of the results of regulating the driving of drinking alcohol, statement of the circumstances of the driver of drinking alcohol, investigation report (report on the situation of the driver of drinking alcohol);
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. Article 62 (1) of the Criminal Act on the suspended execution;
1. The reason for sentencing under Article 62-2 of the Criminal Code of the community service order and the defendant has a record of punishment six times due to driving without a license.
Even after the revocation of the driver's license in 2012, it was sentenced twice to a suspended sentence that imposes a protective observation at the time of close distance in a separate court due to drinking or non-licensed driving.
Although it appears that the defendant needs to be able to strictly scam, it is necessary to take into account all factors of sentencing as shown in the argument of this case, such as the fact that the defendant is not leading to serious damage, the fact that the drinking value is not high, the fact that the drinking value is against the defendant, the defendant's age, sexual behavior, environment, family relationship, circumstances in which the defendant was able to drive, and the interval between the previous drinking driving and the non-licenseless driving of this case, etc., and determine the punishment as set forth in the Disposition.