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

Punishment of the crime

On August 14, 2018, the Defendant was sentenced to a suspended sentence of 2 years for a violation of the Road Traffic Act (driving) in the credit branch of Suwon District Court on August 14, 2018. On March 24, 2017, the Defendant was sentenced to a suspended sentence of 1 million won for the same crime at the Seoul Southern District Court and was sentenced to a summary order of 3 times the same kind of force.

Criminal facts

On September 19, 2018, the Defendant driven a D low-speed car in the state of alcohol alcohol concentration of 0.085% without obtaining a driver's license from around 22:23, Echeon-si B hotel to the front road of Echeon-si C apartment in approximately 5km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a driver, the ledger of driver's licenses, and the making-up of an automobile;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning facts constituting a crime, and subparagraphs 1, and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the same criminal history for the defendant, and in particular, at the time when one month has passed since the suspended sentence was sentenced for the same kind of crime, drinking and driving without a license, etc., it is inevitable to punish the defendant significantly because the defendant did not feel any particular criminal awareness about driving under the influence of alcohol, etc., or that the tendency to disregard the law is strong.

However, if there was no accident, the defendant is against himself, and the family environment of the defendant (the most likely to support two children who are spouse and children of the defendant) shall be determined in the same manner as the order.