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

Punishment of the crime

[criminal history] On April 23, 2012, the Defendant was sentenced to a suspended sentence of six months by imprisonment with labor for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (licensed driving) at the Incheon District Court on April 23, 2012. On January 18, 2016, the same court issued a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (drinking driving).

[Fact of crime] On April 30, 2017, around 05:09, the Defendant driven C Q7 car under the influence of alcohol concentration of 0.094% without a motor vehicle driver's license in the 3km section from around 69 km-si to the 69-Sim-si roads in Gyeyang-gu Incheon Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is placed in driving, report on the situation of the driver who is placed in driving, report on the situation of the driver without a license, and inquiry about the control of drinking;

1. The driver's license ledger;

1. Previous convictions in judgment: Inquiry about criminal history, confirmation of previous convictions in disposition, summary order, application of Acts and subordinate statutes of 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of quantity: (a) there is a need for strict punishment in light of the risk of driving alcohol; (b) there is a history of punishment for driving alcohol seven times; and (c) circumstances favorable to the fact that there is a history of being sentenced to a suspended sentence due to driving alcohol and that there is a history of being sentenced to a suspended sentence due to driving alcohol: The fact that there is no accident; (d) the motive and background of the crime; (e) the circumstances after the crime was committed; (e) the status of the crime was not caused; and (e) the various conditions of sentencing as indicated