A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On November 9, 2016, the Defendant was sentenced to the suspension of the execution of eight months for a violation of the Road Traffic Act (drinking driving) or a violation of the Road Traffic Act (drinking driving) by the Incheon District Court on August 9, 2016, and the decision was finalized on November 17, 2016, and is currently under suspension of execution. On August 26, 2015, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (drinking driving) at the Incheon District Court on August 26, 2015, and on September 7, 2015, the Defendant violated Article 44(1) of the Road Traffic Act more than twice, such as receiving a summary order of a fine of four million won for a violation of the Road Traffic Act (drinking driving).

On January 30, 2017, at around 20:25, the Defendant driven DK7 car under the influence of alcohol with approximately 0.137% alcohol while under the influence of alcohol without obtaining a driver's license from around 500 meters from the front side of the Home Packer Operation in Incheon Gyeyang-gu to the front side of the “Treatment Motor Vehicle Sales Office” located in 337 as in the Bupyeong-gu Bupyeong-gu, Incheon.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in the main place and the driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (report on the same criminal record and probation period of the suspect);

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 crime of this case is committed once again because there are three previous convictions for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act, and three months have not passed since the judgment of suspension of execution of the same kind of crime became final and conclusive, and considering the risk of traffic accidents caused by drinking driving, a severe punishment is deemed inevitable, and thus, a sentence shall be imposed.

In determining the term of punishment, the favorable circumstances in addition to the above unfavorable circumstances (the recognition of crimes and the depth is against them).