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

Punishment of the crime

[criminal history] On October 12, 2007, the Defendant received a summary order of KRW 500,000 as a fine for a violation of road traffic laws at the Seoul Eastern District Court, and on December 28, 2009, issued a summary order of KRW 2 million as a fine for a violation of road traffic laws at the Incheon District Court on December 28, 2009, and on September 9, 2012, issued a summary order of KRW 5 million as a fine for a violation of road traffic laws at the Jung-gu District Court on September 12, 2016, and was sentenced to a summary order of KRW 5 million as a fine for a violation of road traffic laws at the Dong-gu Seoul District Court on September 12, 2016.

[2] On December 2, 2017, around 00:58, the Defendant driven a F Belgium car under the influence of alcohol content of 0.150% while under the influence of alcohol without obtaining a driver’s license from the front line of C main office located in Gangnam-gu Seoul Metropolitan Government, to the roads near E store located in Gangnam-gu Seoul, and without obtaining a driver’s license.

As a result, the Defendant, while under the influence of alcohol, driven a motor vehicle at the same time under the influence of alcohol, while driving the motor vehicle without obtaining a driver’s license.

Summary of Evidence

1. Defendant’s legal statement

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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 sentence of imprisonment with prison labor (the same type of crime during the period of suspension of execution);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;