A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

On September 21, 2013, the Defendant driven BM5 car under the influence of alcohol by 0.109% without a driver’s license, and suffered two-lanes near the claim frame distance located in the Seongbuk-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, by looking at the back part of the victim C (26 years of age) driver’s vehicle E (n, 25 years of age), F (n, 6 years of age), G (n, 4 years of age), H (n, 34 years of age), and H (n, 34 years of age) from the back part of the victim’s driver’s license while driving the two-lanes along the one-lane distance.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. C’s statement;

1. Application of Acts and subordinate statutes to the register of traffic accidents, actual condition investigation reports, reports on detection of drinking drivers, records on the use of drinking measuring instruments, field photographs, each medical certificate, and the register of driver's licenses;

1. Relevant provisions of Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents, Article 268 of the Criminal Act, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, subparagraphs 1 and 43 of Article 152 of the Road Traffic Act concerning criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

(a) Between the crimes of violation of the Road Traffic Act due to drinking and driving without a license as indicated in the judgment: The punishment shall be imposed as provided for in the Road Traffic Act due to the drinking operation with heavier punishment, but choice of imprisonment

(b) Violation of the Act on Special Cases concerning the Settlement of Traffic Accidents: Punishment on the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents against Victims C with heavier punishment, but selection of imprisonment without prison labor;

1. From among concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and (2) and Article 50 of the Criminal Act among concurrent crimes shall be aggravated within the scope of the sum of the long-term punishment of the above two crimes prescribed by the Act on Special Cases concerning the Settlement of Traffic Accidents with heavy sentencing, and the lower limit of the punishment shall be determined by the Road Traffic Act.