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

Punishment of the crime

[Power of crime] The defendant was issued by the Incheon District Court on August 8, 2013 with a summary order of being sentenced to a fine of six million won due to a violation of the Road Traffic Act (drinking vehicle), a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (drawing vehicle), a violation of the Road Traffic Act (drawing vehicle), and a violation of the Road Traffic Act (drawing vehicle). On April 28, 2014, the same court issued a summary order of five million won due to a violation of the Road Traffic Act (drawing vehicle) and a violation of the Road Traffic Act (drawing vehicle). On October 13, 2017, the court was issued with a summary order of five million won due to a violation of the Road Traffic Act (drawing vehicle) and determined on October 21, 2017 during the suspension period.

[2] Although Defendant 1 had been able to violate Article 44(1) of the Road Traffic Act twice or more, Defendant 2 driven the E K 3-car volume under the influence of alcohol concentration of about 0.089% without a driver’s license on the front side of the road located in Mapo-gu Seoul Metropolitan Government on January 16, 2018, from around 04:40 to the front road of Yeongdeungpo-gu Seoul Metropolitan Government.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (report on the confirmation of criminal history of the suspect), each summary order, and application of the text of the judgment;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act for the ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of alcohol is that the Defendant, as above, had been punished for drinking multiple times, but he/she once driven alcohol without a license during the period of suspension of execution.