Text
A defendant shall be punished by imprisonment for six months.
Of the facts charged in the instant case, the charge of violation of the Road Traffic Act (not later than the accident) shall be acquitted.
Reasons
Punishment of the crime
[criminal history] On October 5, 2005, the Defendant was sentenced to a summary order of 2 million won for a violation of the Road Traffic Act (driving), etc. at the Jeonju District Court on April 24, 2007; the Defendant was sentenced to a summary order of 2 million won for a violation of the Road Traffic Act (driving), etc. at the same court on November 14, 2007; the Defendant was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving). On July 31, 2008, the Defendant was sentenced to a suspended sentence of 2 million won for a violation of the Road Traffic Act (driving), and on January 13, 2016, the judgment became final and conclusive on January 20, 2017 after being sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving).
[Criminal facts]
1. On April 20, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (Dless driving) on the road: (a) on April 20, 2016, the Defendant driven a f X-ray car without a driver’s license in the section of approximately 300 meters, without obtaining a driver’s license, from around 19 to the front road of the “E cafeteria” located in the enclosed-dong, Young-dong, Seoul Special Metropolitan City.
2. On April 20, 2016, around 23:50 on April 20, 2016, the Defendant damaged the Defendant’s property by putting the victim G and the above traffic accident dialogue in hand before the above E restaurant, and then destroying the Defendant’s property damage in a way that the amount equivalent to KRW 200,000 of the repair cost is equal to KRW 20,000.
1. Statement by the defendant in court;
1. Legal statement of witness G;
1. Statement of the police statement related to G;
1. The actual investigation report on traffic accidents;
1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;
1. The driver's license ledger;
1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to investigation reports;
1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 of the Road Traffic Act, Article 36 of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes