A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On June 8, 2016, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving), and on July 1, 2016, the Defendant was issued a summary order of KRW 7 million for the same crime, etc. on July 1, 2016. On September 21, 2016, the Defendant was sentenced to imprisonment with prison labor for 4 months for a crime of violating the Road Traffic Act (drawing without a license) and was sentenced to a suspended sentence of two years on September 29, 2016, and was sentenced to a suspended sentence of two times or more for a crime of violating the Road Traffic Act (drinking under the current suspension period).

[2] On September 9, 2017, the Defendant, without obtaining a driver’s license for a motor vehicle on September 23:58, 2017, driven a D-cracked car under the influence of alcohol concentration of about 0.078% in the 2km section from the front road of the Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu, Incheon to the front road of the same Gu-ro 1096-ro “Arotoat Croat.”

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license, report on the circumstances of a driver with a driving license, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries about criminal history and report on investigation (report on confirmation of the same kind of past record);

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. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment is that the defendant repeatedly commits the crime of drinking and non-licensed driving (three times a punishment, one time a suspended sentence), using the same vehicle from 2016 to the crime of this case, for a short time, using the same vehicle, and the defendant commits the crime of this case without any license, and in light of the fact that the defendant commits the crime of this case without being aware of, inter alia, during the period of suspended execution due to non-license, it is inevitable to sentence imprisonment.

The above circumstances and the defendant conflict with each other.