beta
Text
A defendant shall be punished by imprisonment for six months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
On October 9, 2008, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a violation of road traffic law (drinking driving) at the Seogu District Court Branch on October 9, 2008, and on October 28, 2008, the Daegu District Court issued a summary order of KRW 2,00,000 as a fine for a violation of road traffic law (drinking driving).
On December 16, 2015, the Defendant violated Article 44(1) of the Road Traffic Act two or more times, and driven a cub car in B from the section of about 1 km to the road of Solomon Borrowing in Daegu-gu, Daegu-gu, under the influence of alcohol leveling 0.072%, without obtaining a driver’s license on December 16, 2015.
On March 1, 2016, the Defendant driven a Cub car from around 500 meters to around 113-4, 2016, from the 42-265 UNNke-dong, Seo-gu, Daegu to the front side of the 113-4, Seo-gu, Daegu-gu, without a driver's license.
Summary of Evidence
"2016 Highest 363"
1. A protocol concerning the examination of the police officers of the accused;
1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;
1. A previous conviction in judgment: A reply to inquiry, such as criminal history, and a copy of a summary order "2016 Height 956";
1. A protocol concerning the examination of the police officers of the accused;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (only between the crimes of violating the Traffic Act on December 16, 2015 and the crimes of violating the Traffic Act on the roads by December 16, 2015);
1. Selection of each sentence of imprisonment;
1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;
1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;
1. The reasons for sentencing of Article 62(1) of the Criminal Code are as follows, and the age, gender, and the defendant's age.