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

Punishment of the crime

[criminal history] On December 9, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the Incheon District Court’s Vice-Support on December 9, 2016, and was sentenced to a fine of KRW 9 million from the Incheon District Court’s Vice-Support on February 28, 2017 to the same crime.

[Criminal facts]

1. Although the Defendant violated the Road Traffic Act (drinking out of alcohol) and the Road Traffic Act (Diceless driving) had a driving force twice or more as above, the Defendant driven a Dice-type car without a driver’s license at approximately KRW 0.101% of alcohol level from the road front of the two sides of the two sides of the Pyeong-gu Yang-gun, Yangyang-si, Yangyang-si, to the front road in B located, around April 16, 2018, while under the influence of approximately 500 meters in alcohol level from the 500-meter section to the front road in C.

2. A person who violates the Guarantee of Automobile Compensation Insurance Act drives a vehicle which is not covered by automobile mandatory insurance, even if the vehicle is not operated, Defendant 1 driven a DNA car which is not covered by automobile mandatory insurance at the same time and place as the foregoing paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Notification of the results of regulating drinking driving;

1. An inquiry into the enemy and mandatory insurance;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

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

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Circumstances unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment: It is necessary to strictly punish a person in light of the risk of driving alcohol.