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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2012 Gohap378]
1. On March 28, 2012, at around 14:35, the Defendant driven a Cwing and 1 ton truck from the 17 km section to the point of 54 km on the Honam Expressway located in the same Gun, where it is difficult to find out the trade name located in the ero-Gun of 0.131% of alcohol in the state of alcohol without obtaining a driver’s license for a motor vehicle, at around 15:00 on the front of the alcohol house in which it is difficult to identify the trade name located in the ero-Gun of Jeonnam-gun.
[2012Gohap729]
2. Around 14:20 on May 20, 2012, the Defendant, without a driver’s license, driven a bus truck of approximately KRW 5km from the front side of the Agricultural Cooperative to the front side of the bus platform located in the same parallel of west-ri, Namyang-ri, the Defendant, without a driver’s license for a motor vehicle, was driving the bus truck of approximately KRW 1 ton of the above salary class III.
Summary of Evidence
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the crackdown on drinking driving, and investigation report (report attached to the ledger of license);
1. Application of the Acts and subordinate statutes to the motor vehicle accident occurrence report, actual survey report, and the motor vehicle driving license ledger;
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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of March 28, 2012, and a violation of the Road Traffic Act of March 28, 2012, with heavier punishment);
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act heavier than the punishment);
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;