A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[2016 Highest 79] On April 28, 2016, the Defendant driven a car with B 10km in the section of about 10km from the front of a restaurant where it is impossible to find out the trade name in the Southern-si, while under the influence of alcohol by around 19:5 on April 28, 2016, while under the influence of alcohol by 0.242% during blood, to the point 54km in Gwangju-gu Highway.

[2016 Highest 129] On June 29, 2016, the Defendant driven a motor vehicle B, without the driver’s license, at a section of about 7 km from the road front of the head office of Dorisan, Dori-si, Namwon-si, Namwon-si, Seoul Metropolitan City, to the road front of the Dori-si, Seoul Metropolitan City.

Summary of Evidence

[2016 Highest 79]

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. Registers of driver's licenses (2016 Height 129);

1. Statement by the defendant in court;

1. Reporting on the arrest of a case;

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

1. Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for the crimes of violation of the Road Traffic Act on April 28, 2016 and the crimes of violation of the Road Traffic Act (non-licenseed driving) and the crimes of violation of the Road Traffic Act which are more severe punishment;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes for concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the extent that the sum of the long-term punishments of both crimes is aggregated) and concurrent crimes for concurrent crimes committed for a violation of Road Traffic Act, which are more severe punishment among the crimes of violation of Road Traffic Act (driving without a license) and the crimes of violation of Road Traffic Act on June 29, 2016);

1. The Defendant, on April 7, 2016, issued a summary order of KRW 2,00,000 by the court on July 4, 2016, on the grounds that the Defendant was discovered while driving a drinking or non-licensed driving on April 7, 2016 under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume.