Text
A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
[2017 Highest 1271] On May 1, 2017, under the influence of alcohol level of 0.101% from the blood transfusion around 22:43 on May 1, 2017 without a driver’s license, the Defendant driven the EM3 car at the section of about 1km to the front of the church.
[2017 Highest 2552] On May 1, 2017, the Defendant driven an FM3 car while under the influence of alcohol concentration of about 0.089% while under the influence of alcohol leveling from the church parking lot to the 69-54 main apartment 1405 parking lot from Geumcheon-gu Seoul Metropolitan Government.
Summary of Evidence
[2017 Highest 1271]
1. Statement by the defendant in court;
1. Notification of the results of the crackdown on the driving of drinking and the measurement of drinking, and a statement in the circumstances of the driver of drinking;
1. Registers of driver's licenses (2017 Height 2552);
1. Statement by the defendant in court;
1. Report on detection of a driver at the main place of business and investigation report (re-investigation in accordance with the application of the aforementioned Dmark formula favorable to the suspect);
1. The driver's license ledger;
1. Application of Acts and subordinate statutes to the actual investigation report on traffic accidents;
1. Article 148-2 subparag. 2, Article 444 subparag. 1 (a) of the relevant Act on the Traffic of Roads (a person under the influence of alcohol as indicated in the judgment of the court below), Article 148-2 subparag. 3, and Article 44(1) (a) of the Road Traffic Act (a person under the influence of alcohol as indicated in the judgment of the court below), Articles 152 subparag. 1 and 43 of the relevant Act on the Traffic of Roads (a person under the influence of alcohol as stated in the judgment of the court below), and Articles 148-2 subparag. 3 and 44(1) (a person under the influence of alcohol as stated in the judgment of the court below)
1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;
1. Selection of imprisonment with prison labor chosen;
1. The Defendant had been punished several times due to drinking or non-licensed driving prior to the reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act that aggravated concurrent crimes.
Nevertheless, the crime of this case has been committed more than two times.
Moreover, even though the Defendant was under control of the police due to the criminal facts set forth in 2017 Goman 1271, the Defendant committed the crime as stated in the judgment below 2017 Goman 2552.
The records of these crimes, the instant case.