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 a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
[criminal history] On November 12, 2013, the Defendant was issued a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court’s branch on November 12, 2013, and on August 12, 2015, the Defendant violated Article 44(1) of the Road Traffic Act by receiving a summary order of KRW 5 million for a crime of violating the Road Traffic Act (drinking driving).
[Criminal facts]
1. On September 27, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) and the Road Traffic Act (drinking driving) operated an engine device that was unregistered in the section of about 1 km from the front of the apartment in the south-gu, Southern-gu, South-gu, with alcohol concentration of 0.156% under the influence of alcohol at around 03:04 on September 27, 2016 without a license, even though the power of driving under the above influence of alcohol was twice or more.
2. The Defendant in violation of the Guarantee of Automobile Compensation Act is almost a holder of an unregistered motor device.
No owner of any motor vehicle shall operate any motor vehicle on a road which is not covered by mandatory insurance.
The defendant operated the motor bicycle that was not covered by mandatory insurance, as described in paragraph (1).
Summary of Evidence
1. Statement by the defendant in court;
1. Statement B;
1. Notification of the results of regulating driving of drinking alcohol, statement of the situation of the driver placed at drinking, investigation report (with respect to confirmation of non-performance of mandatory insurance) and each entry;
1. Entry into the ledger of drinking instruments and the ledger of driver's licenses;
1. Images of on-site photographs;
1. Previous convictions in judgment: Application of each of the Acts and subordinate statutes described in a reply to inquiry, such as criminal history, and a report on investigation (A).
1. Article 154 Subparag. 2 and Article 43 of the Road Traffic Act (non-licensed driving) concerning the facts constituting an offense, Article 148-2 Subparag. 1 and Article 44(1) of the Road Traffic Act (the point of drinking) of the Road Traffic Act, Article 46(2)2 of the Guarantee of Automobile Compensation, and the main sentence of Article 8 (the main sentence) of the Guarantee of Automobile Compensation;