beta
Text
A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On October 16, 2012, the Defendant, without obtaining a driver’s license at around 00:40 on October 16, 2012, driven a B New franchise XG car from the street on the front side of the Cheong River University located in the Cheongcheon-si Ho-si Ho-si Ho-si Ho-si Ho-si, to the front side of the Masungsan-si, Ansan-si, an Ansan-si, with a blood alcohol concentration of 0.137%.
Summary of Evidence
1. Defendant's legal statement;
1. On-going reports, reports on the state of driver's licenses, reports on the state of driver's licenses, inquiry into the register of driver's licenses, and inquiry into the register of drivers;
1. Application of Acts and subordinate statutes on site photographs;
1. Relevant provisions of Article 148-2 (2) 2, 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 sentence of the instant crime is inevitable in light of the fact that the Defendant committed the instant crime without being aware of not only the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act was sentenced to a fine twice for driving without obtaining a license in 2012, but also the fact that the Defendant committed the instant crime without being aware of during the suspension period due to the violation of the Act on the Aggravated Punishment,
On the other hand, in determining the sentence, the sentence is to be rendered in the same way by taking into account the various factors of sentencing, such as the fact that the defendant acknowledges a mistake in recognizing the crime, and that the suspended sentence is invalidated, and that the execution of imprisonment is expected to be concurrently executed, due to the suspended sentence.