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

Punishment of the crime

[criminal power] On October 23, 2006, the Defendant was issued a summary order of KRW 2 million by the Incheon District Court as a crime of violation of the Road Traffic Act (driving). On April 23, 2018, at the Incheon District Court issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (driving). On May 25, 2018, the Defendant was sentenced to a suspended sentence of KRW 10 million by imprisonment with prison labor for a violation of the Road Traffic Act (driving) from the Incheon District Court’s Vice-Support on May 25, 2018, and the judgment became final and conclusive on June 2, 2018.

【Criminal Facts】

Although the Defendant had been punished twice or more as above, around May 1, 2019, at around 06:38, the Defendant driven a C-learning car under the influence of alcohol concentration of about 0.114% without obtaining a driver’s license from approximately 5.6 km section around the Yannam-dong Administrative Welfare Center located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu to the front road of Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, the register of driver's licenses, and the photograph by cutting down the black stuff images;

1. Previous records: Criminal records, inquiry reports, investigation reports (the previous records and binding of the same criminal records and the same criminal records during the period of suspension of execution of sentence), court rulings, and other statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act shows the appearance that the defendant confessions the crime and reflects the mistake.

The driver did not cause any accident while driving.

However, the defendant has a record of criminal punishment five times due to drinking driving, in particular, again commits the crime of this case during the period of probation, and the measured drinking level is considerable.