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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
On July 9, 2007, the Defendant was issued a summary order of KRW 3 million by the Ulsan District Court due to a violation of the Road Traffic Act (LA). On April 1, 2009, the Defendant was issued a summary order of KRW 2 million by the Ulsan District Court due to a violation of the Road Traffic Act (LA). On August 27, 2010, the Defendant was sentenced to a fine of KRW 7 million by the Ulsan District Court due to a violation of the Road Traffic Act (LA).
On March 22, 2014, at around 06:45, the Defendant driven a Clater under the influence of alcohol content of about 0.118% without obtaining a driver’s license from the front side of the Flateral 39-ro, Ulsan-gu, Ulsan-gu to the roads near the same Gu-west 8-lane, and without obtaining a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. A report on detection of a host driver;
1. The circumstantial statement of the employee;
1. The A driver's license register;
1. Previous records: Application of inquiry reports, such as criminal records, investigation reports (written judgments and indictments) and Acts and subordinate statutes;
1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;
1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);
1. Selection of imprisonment with prison labor chosen;
1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has already been punished several times with the previous department, and even if the defendant was prosecuted for violating the Road Traffic Act on February 12, 2014 and was in trial at the Ulsan District Court, he/she again went to the crime of this case by driving under the influence of alcohol without a license. Considering such criminal history, frequency, etc. of the defendant, it is inevitable to punish the defendant.
In this context, all of the sentencing conditions, including the family relationship and occupation of the defendant, shall be considered as ordered.