A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] The Defendant, at the Incheon District Court on May 7, 2015, issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act; on November 14, 2016, a fine of KRW 3 million for a crime of violating the Road Traffic Act; on November 30, 2017, the Defendant was sentenced to a summary order of KRW 10 million for a crime of violating the Road Traffic Act at the same court; and on December 8, 2017, the Defendant was sentenced to a suspended sentence of 10 months for a crime of violating the Road Traffic Act at the Suwon District Court on more than two occasions.

[2] On December 3, 2017, at around 03:00, the Defendant driven a vehicle CK5 vehicle without obtaining a driver’s license in the state of alcohol concentration of approximately 0.164% from the 260 meters away from the road in front of the “Nobbbung Care Hospital” in Bupyeong-gu Incheon, Incheon, to the road in front of the same 427 white-ro 446.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. On-site photographs;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a written inquiry, such as criminal history, (A) a criminal report (Attachment to each summary order and judgment);

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That the first sentence of Article 39 (1) (limited to the crimes of violation of traffic laws on roads and the crimes of violation of traffic laws on roads for which judgment becomes final and conclusive;

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following grounds for sentencing)

1. A favorable normal defendant reflects his or her mistake and does not repeat a crime.

The distance in which the defendant was driving is relatively relatively.