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

Punishment of the crime

[Criminal Power] The Defendant was sentenced to a fine of 2 million won on June 2, 2004 at the Incheon District Court for the crime of violation of the Road Traffic Act (driving). The Defendant was sentenced to a suspended sentence of 2 years on February 19, 2009, 2 years of a suspended sentence of 2 years on April 21, 201, 2 years of a suspended sentence of 2 years on April 21, 201, and 8 million won of a fine of 21 April 201.

【Criminal Facts】

At around 00:30 on August 23, 2015, the Defendant driven a 400m-meter vehicle from the Dolle, Seo-gu, Incheon, Seo-gu, Seo-gu, Seocheon-gu, Seocheon-gu, Jeju, without a driver's license, at around 0.15% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

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

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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 discretionary mitigation is that the defendant not only has the ability to be punished for a drunk driving, but also has the ability to obtain a suspended sentence of imprisonment for the reason that he/she once again renders a drunk driving or a non-licensed driving, so it is inevitable to sentence the defendant as a sentence.

C. However, the sentencing conditions such as the defendant's age, character and conduct, environment, background leading to the crime, means and method, result, circumstance after the crime, etc. shall be determined as ordered in consideration of the defendant's age, character and conduct, circumstances after the crime.

Imprisonment (eight months)