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

Punishment of the crime

On April 17, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch, on January 23, 2009, to a fine of one million won for the same crime at the Incheon District Court’s Ansan Branch, and on October 29, 2010, to a suspended sentence of two years for six months for the same crime.

On January 19, 2014, the Defendant, without obtaining a driver’s license on January 15, 2015:32, driven a B car at a approximately 2km section from the Nam-gu, Incheon Metropolitan City to the front road in front of the lusular intersection, in the state of drunk alcohol concentration of 0.141%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, and a driver’s license inquiry;

1. Making a report on the control of drinking driving;

1. Previous records: Application of criminal records, etc. and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense (a point of driving sound), subparagraph 1 of Article 152 and Article 43 of the same Act;

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

1. Selection of imprisonment with prison labor chosen;

1. In light of the fact that the defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation has been punished several times due to drinking driving, etc., but repeated the same offense, it is necessary to punish the defendant strictly.

Provided, That the punishment shall be determined as ordered in consideration of all kinds of sentencing conditions, such as the fact that the defendant is against the defendant, the age of the defendant, dependent relationship, etc.