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

Punishment of the crime

around 23:35 on May 26, 2017, the Defendant driven D, while under the influence of alcohol level of about 0.164% in the 1km section from May 1, 2017 to the day before the Incheon Nam-gu Public Health Center, Incheon, Nam-gu, Incheon, 25, to the day before the public health clinic of the same Gu-ro 414, the same Gu-ro, the Defendant driven D, while under the influence of alcohol level of about 1km to the day before the restaurant.

around 00:49 on July 9, 2017, the Defendant driven a D body-wide car under the influence of alcohol level of 0.118% without obtaining a driver's license from a distance of about 50 meters from the front of the market in order to the front of the 244th elementary school as of the same Gu, and as from the front of the road in the Nam-gu Incheon Metropolitan City, Seoul Metropolitan City from the front of the market to the front of the 244th elementary school.

Summary of Evidence

"2017 Highest 4177"

1. Statement by the defendant in court;

1. A statement of the circumstances of the driver at the main place of business: "2017 Highest 5,880";

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. Application of statutes governing temporary driving certificates;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (referring to driving under influence of alcohol) concerning the facts constituting an offense under the relevant Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (referring to driving without a license);

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

1. Selection of each sentence of imprisonment;

1. The sentencing conditions specified in the trial process of the instant case, including the Defendant’s age, sexual intercourse, family relationship, family environment, motive and means of the crime, and circumstances after the crime, are comprehensively taken into account for the reasons for sentencing under the former part of Article 37, Article 38 subparag. 1 subparag. 2, and Article 50 of the Aggravated Punishment of Concurrent Crimes.

A favorable condition: The defendant led to the confession of the crime of this case and reflects his mistake.

Unfavorable circumstances: The defendant has previously been punished for the same kind of crime several times, and has been sentenced to imprisonment without prison labor or heavier punishment by refusing to measure drinking.

In light of the fact that the defendant is driving alcohol and driving alcohol again even after being indicted, it is likely to repeat the crime.