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

Punishment of the crime

On September 25, 2002, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving without a license) at the Incheon District Court on September 25, 2002; on July 15, 2004, in the same court on July 15, 2004, 8 months of imprisonment; 2 years of suspended execution; on September 5, 2012, at the Suwon District Court on September 16, 2014, 3 million won of a fine for a violation of the Road Traffic Act (driving) at the Suwon District Court on July 16, 2014; 6 months of imprisonment; 2 years of suspended execution; and 4 million won of a fine at the Suwon District Court on November 21, 2014; and on December 17, 2014, the period of imprisonment with prison labor from the Suwon District Court on the condition that the above violation of the Road Traffic Act was revoked to 10 million won (Death without a license).

On September 6, 2016, the Defendant, without obtaining a driver’s license at around 00:13, the Defendant, while under the influence of alcohol by 0.10%, driven a B-man’s car with a blood alcohol content of 0.10%, and proceeded with 1 km from the roads in the south-gu Incheon Metropolitan City, Seo-gu, Seoul to the roads in front of the “Cheongdori Oil Station” located in 813-9, Nam-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Inquiries, investigative reports (a copy of the previous convictions and the attachment of the same criminal records), and information summary of cases attached thereto, summary orders, copies of judgments, investigation reports (verification of the date of release of a suspect A) and the application of Acts and subordinate statutes concerning the acceptance of individuals attached thereto;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. As between the above crimes of Articles 40 and 50 of the Criminal Code of Trade and Trade.