도로교통법위반(무면허운전)등
The punishment of the accused shall be set forth in six months.
However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 22, 2019, the Defendant driven a B-II truck at a section of about 700 meters from the side to the lower side of the upper side of the congested bridge located in the same sea route, without obtaining a driver's license, around 22:31, 2019, the Defendant driven a B-II truck at a section of about 700 meters.
On August 1, 2013, the Defendant issued a summary order of KRW 4 million for a fine of KRW 1,00,000 for a violation of the Road Traffic Act at the port branch of the Daegu District Court on August 1, 2013, and on May 1, 2014, the same court issued a summary order of KRW 4 million for the same crime.
On April 15, 2019, at around 01:10, the Defendant driven B 2 cargo vehicles under the influence of alcohol content of 0.108% without obtaining a driver’s license from the D Post Offices located in Nam-gu, Nam-gu, Chungcheongnam-si, to the south-gu, Nam-si, Nam-si.
Summary of Evidence
1. Defendant's legal statement;
1. The actual condition survey report;
1. Notification of the results of the control of drinking driving, report on the situation of a drinking driver, the register of driver's licenses, and making an inquiry into the vehicle;
1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to a summary order of the same criminal records as a suspect);
1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trade between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act of April 15, 2019).
1. Selection of a sentence of alternative imprisonment [the punishment has been imposed three times prior to the occurrence of an accident due to driving under influence or without a license];
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);
1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.