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

Punishment of the crime

[criminal history] The defendant was notified by the Incheon District Court of June 17, 2015 of a fine of 4 million won for a crime of violating the Road Traffic Act (drinking driving), on October 20, 2015, a fine of 5 million won for a crime of violating the Road Traffic Act (drinking driving), etc. at the Incheon District Court of Incheon, and on June 22, 2016, the defendant was sentenced to a suspended sentence for 6 months by imprisonment with prison labor for a crime of violating the Road Traffic Act (dacting driving) at the Incheon District Court and was sentenced to a suspended sentence on June 30, 2016.

[2] On December 7, 2017, at around 09:10, the Defendant driven a CNA car under the influence of alcohol concentration of about 0.143% without obtaining a driver’s license from the section of about 2km from the front of the water cooperative distance of 21, a 331-1, Nam-gu, Incheon, Nam-gu, Incheon, to the front of the new bill, which is located in the 331-1, Nam-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of the driver at the main place of business and investigation report;

1. Defendant’s vehicle driver’s license ledger, vehicle inquiry, and mandatory insurance inquiry;

1. Reporting on the detection of a primary driver;

1. References to inquiries, such as criminal history, reports on investigation (No. 7 times a year), text of judgment, and application of summary order statutes;

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 Articles 53 and 55(1)3 of the Criminal Act for mitigation of small volume is that the Defendant was subject to three times criminal punishment due to a crime of violating the Road Traffic Act (drinking) around June 2015, around October 2015, around June 2016, and around June 2016, and the Defendant committed the same kind of crime during the suspension of execution even when he/she was sentenced to two years of suspension of execution and forty hours of compulsory driving due to a crime of violating the Road Traffic Act (dacting) on June 22, 2016, and a crime of violating the Road Traffic Act (dacting). The Defendant was inaccurate at the time of the instant case.