A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

On August 1, 2008, the Defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on August 1, 2008, and was sentenced to a summary order of two million won or more as a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on July 14, 2010, and on January 25, 2017, the Defendant was sentenced to imprisonment of eight months or more as a result of a crime of violating the Road Traffic Act (drinking driving) at the Incheon District Court on January 25, 2017, and was sentenced to a suspended sentence as of February 2, 2017, and the said judgment became final and conclusive, and violated

피고인은 2018. 1. 14. 00:40 경 인천 남동구 논현동 소래 포구 종합 어시장 부근에서 같은 동 아비 숑 모텔 앞 도로에 이르기까지 약 30m 구간에서 자동차 운전면허를 받지 아니하고 혈 중 알콜 농도 0.121% 의 술에 취한 상태로 B K5 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes on criminal investigation reports (reports on past convictions and results);

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 Act on the Reduction of Small Amount of Punishment is that the Defendant, who had been already punished twice or more due to driving of a motor vehicle, drives a motor vehicle without a driver's license in the state of under the influence of alcohol, has not been less than the nature of the crime, and the Defendant has a record of being subject to three times criminal punishment due to the same crime even before, and on January 25, 2017, the Incheon District Court was sentenced to two years of suspended sentence for 8 months of imprisonment due to a violation of the Road Traffic Act at the Incheon District Court.