A defendant shall be punished by imprisonment for four months.

Punishment of the crime

The defendant is a person who is engaged in driving of Bknife car.

On July 15, 2012, the Defendant was under the influence of alcohol level 0.189% without a driver’s license on July 15, 2012, while driving the said vehicle.

In such a case, even though a person engaged in driving duty has a duty of care to safely drive by checking the rear side well, he/she did not take any measure even though he/she failed to perform the above duty of care due to the negligence of failing to perform the above duty of care, and thereby has escaped without taking any measure, even though he/she has damaged his/her repair cost to an amount equivalent to KRW 579,080.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C and E;

1. The actual survey report and the evidence and photographs of each traffic accident;

1. Report on the circumstantial statements of a host driver and report on the detection of a host driver;

1. The register of driver's licenses;

1. Application of written estimate (F)-related Acts and subordinate statutes;

1. Relevant provisions of subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of sound driving) concerning the facts of crime, and Articles 148 and 54 (1) of the Road Traffic Act (the point of failure to take measures after destroying or damaging things);

1. Crimes of violation of Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes and those of violation of the Road Traffic Act (a punishment imposed on a violation of the Road Traffic Act of heavier punishment)

1. Selection of each sentence of imprisonment;

1. From among concurrent crimes, concurrent crimes with the punishment prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of each of the above crimes, however, the lower limit shall be the same, and the punishment prescribed for the violation of the Road Traffic Act) among concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing grounds) is that the defendant without license is 0.189% of blood alcohol concentration.