Text
A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
around 13:50 on January 10, 2019, the Defendant driven a E-Poter truck without a driver’s license, with approximately 2 km volume from the front of the village of Bosung-gun, Chungcheongnam-gun to the front of the Dridge located in C.
On October 18, 2006, the Defendant was issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on October 18, 2006. On March 18, 2009, the Defendant was issued a summary order of KRW 2 million for the same crime. On November 16, 2015, the court issued a summary order of KRW 5 million for the same crime at the same court on November 16, 2015. On January 19, 2016, the Defendant was sentenced to a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act (unlicensed Driving) and on February 17, 2016.
【Criminal Facts】
피고인은 2019. 5. 2. 12:15경 전남 보성군 F에 있는 G 앞 도로에서부터 같은 군 H에 있는 I휴게소 앞 도로까지 약 14km의 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.171%의 술에 취한 상태로 J 티뷰론터뷸런스 승용차를 운전하였다.
Summary of Evidence
"2019 Highest 521"
1. Defendant's legal statement;
1. Report on the situation of operation without a license;
1. "The driver's license ledger of 2019 Highest 122";
1. Defendant's legal statement;
1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;
1. Registers of driver's licenses;
1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification of the same kind of power, etc.) and Acts and subordinate statutes;
1. Subparagraph 1 of Article 152, Article 43, Article 148-2 (1) 1, and Article 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;
1. Selection of each sentence of imprisonment;
1. Grounds for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent crimes.