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

Punishment of the crime

[criminal history] On August 3, 2007, the defendant was sentenced to a summary order of KRW 4 million for a crime of violating the Road Traffic Act at the Incheon District Court on August 3, 2007; on August 7, 2007, a summary order of KRW 1 million for a crime of violating the Road Traffic Act; on January 24, 2008, the same court was sentenced to a suspended sentence of KRW 2.5 million for eight months for a crime of violating the Road Traffic Act due to a violation of the Road Traffic Act; on November 10, 201, the defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act (driving), and on June 4, 2015, the court was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving).

[2] On July 29, 2018, around 02:12, the Defendant driven Done Star Co., Ltd. under the influence of alcohol leveling 0.161% of alcohol level without obtaining a driver’s license from the front of the tunnels of Mansan-dong, Incheon Metropolitan City, to the front roads of C in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. A written statement of the driver who takes charge;

1. A traffic accident report;

1. Each photograph;

1. The driver's license ledger;

1. Previous convictions: The application of Acts and subordinate statutes after inquiring about criminal history and reporting the results of previous convictions;

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 fact that the crime under Article 53 and Article 55(1)3 of the Criminal Act for the mitigation of the amount of punishment (hereinafter “the favorable circumstances for sentencing”) was committed on six occasions or more due to the same kind of reason for sentencing (the imprisonment with prison labor, two times or more, and four times or more). The fact that the suspension period has expired and the traffic accident occurred while driving a drinking without a license at the same time after the suspension period, and the blood alcohol concentration level is considerably high.