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A defendant shall be punished by imprisonment for six months.
Reasons
Punishment of the crime
【Criminal Facts】
On March 4, 2013, between 03:00 and 05:44, the Defendant, without a car driver’s license, driven a car from approximately 2Km section from the Seo-gu Seo-dong, Seongbuk-gu, Sungnam-si to the road in front of the trade in Sampdong, the Defendant driven a car.
Summary of Evidence
1. Defendant's legal statement;
1. Application of Acts and subordinate statutes to the report on traffic accidents;
1. Relevant Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting the crime;
1. The non-guilty part of selective penalty;
1. Summary of the facts charged: The defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act at the Incheon District Court's Busan Branch on July 8, 201, and two years for a suspended sentence of six months for a violation of the Road Traffic Act, and on August 21, 2012, the Seoul High Court sentenced a fine of ten million won for a violation of the Road Traffic Act at Seoul High Court on August 21, 201.
On March 4, 2013, at around 05:44, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.073%, was driving a car in approximately KRW 2 Km from the Seo-gu Seo-dong in Sungnam-si to the same Sampdong Trading Road.
2. Determination
A. At around 02:17 on the day of the instant case, the Defendant settled the card at the main point of “E”, and at around 03:00, the Defendant settled the card at the point of “F.”
The defendant's vehicle discovered that the vehicle was parked in the reverse direction on the three-lane road prior to the trade in which the facts of the crime are stated, and the police was dispatched at around 05:48, and the defendant was locked from the driver's seat of the parked vehicle.
At around 06:25, the Defendant's blood alcohol concentration was measured at 0.073%.
However, the above parking lot was located less than 2 Km away from the "Fju store".
B. According to the above facts, the Defendant’s driving time from 03:00 to 05:44.
C. The Defendant stated that he had come back from the “Fjun” and returned home in good faith, and the instant case.