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

Punishment of the crime

[criminal power] On March 14, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Seoul Southern District Court. On June 11, 2007, the Defendant was sentenced to a fine of five million won for the same crime, etc. at the same court on June 11, 2007. On January 5, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime, etc. at the same court on January 5, 2012, and was sentenced to a total of seven times of driving alcohol and four times of driving alcohol without

【Criminal Facts】

At around 03:00 on July 20, 2014, the Defendant, without a car driver’s license, driven a car owned by C in a state of alcohol of about 300 meters alcohol concentration of approximately 0.194% from the road near Gyeyang-gu Incheon Metropolitan City Operation Embrate to the front road of the 1110 Sports Park.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the actual state of drinking drivers;

1. License register;

1. Previous records of judgment: Application of criminal records, inquiry reports (A), investigation reports (in addition to four copies of judgment of the suspect's same kind of power, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation include not only seven times of drunk driving and four times of unlicensed driving, but also three times of the suspended sentence of imprisonment. However, considering the fact that the Defendant had the record of having been sentenced to the suspended sentence of imprisonment on three occasions, it is inevitable to sentence the Defendant to ad hoc sentence.

However, the sentencing conditions, such as the defendant's age, character and conduct, environment, circumstances leading to the crime, means and methods, results, etc., shall be considered.