A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 31, 2016, around 16:40, the Defendant driven a CNp motor vehicle with approximately 10km alcohol level of about 0.092% while under the influence of alcohol level of around 0.092% during blood without a driver’s license from the 25th Do-ro, Seocheon-ro, Seocheon-ro, 453, Dong-ro, Seoul, to the point where 87.7km away from the 25rd Do-ro, Seoul, the road of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A survey report on actual condition, a statement on the circumstances of a driver driving, and a notification of the results of regulating drinking;

1. A ledger using the output of a drinking measuring instrument, and a drinking measuring instrument;

1. The driver's license ledger;

1. Written estimate;

1. Application of statutes on site photographs;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of weight: The necessity for a strict punishment for driving of alcohol exists; three times the record of punishment for the same kind of crime exists; the crime of this case was committed during the period during which the same crime was suspended; the degree of alcohol level in the blood transfusion of this case is higher than 0.092%; the circumstances favorable to the occurrence of a traffic accident while driving the instant alcohol: The recognition of the crime and reflects the motive and background of the crime; the circumstances after the crime was committed; family relationship; and the records and changes of health status, etc. are comprehensively taken into account, and the punishment is determined as ordered.