A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On April 25, 2016, the Defendant was under the influence of alcohol content 0.067% in blood without a driver's license, and was driving a car with B the B theme off from the section of 1.5 km to the front road of the same tri-dong located in the same tri-dong from the French-dong (Seoul-dong) around 22:43 on April 25, 2016.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the situation of a driver driving and notification of the result of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The Defendant does not have a right to obtain a driver’s license on the grounds of sentencing selective sentencing of imprisonment.

The defendant's history of punishment for violating various Road Traffic Act reaches nine times.

Above all, on February 18, 2016, the Defendant issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (unlicensed driving), but committed the instant crime in the last two months.

Therefore, the defendant cannot be exempted from imprisonment.

In addition, the sentence shall be imposed in consideration of the fact that the whereabouts of the defendant is unknown at present, and that the defendant commits a drinking together, not a mere driver's license.