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 November 12, 2007, the Defendant issued a summary order of KRW 1.5 million for a violation of the Road Traffic Act at the Gangseo branch court of the Chuncheon District Court on November 12, 2007, and a summary order of KRW 3 million for the same crime at the Jung District Court on April 1, 2016 and violated Article 44(1) of the Road Traffic Act at least twice.
On October 21, 2019, around 21:09, the Defendant driven a motor vehicle for motor vehicle learning without a driver's license in the state of alcohol 0.063% of the blood alcohol concentration from around 30km to the roads in front of the said base-IC via Yang-si.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the results of the control of drinking driving, the report on the situation of drinking driving, and the report on the status of drinking drivers;
1. Report on the situation of operation without a license, and the register of driver’s licenses;
1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;
1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. Reasons for sentencing under Article 62-2 of the Criminal Act;
1. The scope of punishment by law: Imprisonment with prison labor for a period from six months to one year and six months;
2. Scope of recommending sentencing criteria: Non-establishment of sentencing criteria; and
3. Although the Defendant was punished for a crime of violating the Road Traffic Act around 2007 and around 2016, the Defendant committed the instant crime under the influence of alcohol without a driver’s license.
The defendant's blood alcohol concentration is 0.068%, the driving distance, distance from previous punishment power, and the age of the defendant.