A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The defendant was sentenced on November 4, 2015 by the Incheon District Court to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, a crime of violating the Road Traffic Act, and a crime of violating the Road Traffic Act, for eight months of imprisonment, and two years of suspended execution. The judgment becomes final and conclusive on the 12th of the same month, and is still under suspended execution.

[Criminal facts]

1. On May 4, 2016, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (D parking lot located in Incheon Metropolitan City C with alcohol concentration of 0.194% under the influence of alcohol around 01:01 on May 4, 2016, driving a 5-meter Erocketing car from the D parking lot located in Nam-gu, Incheon to the front road.

2. On May 16, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a car with a volume of 300 meters up to the front road of 116 U.S., “S. Quaker Okker” located in 116 U.S. in the vicinity of the Green Hospital in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of drinking, inquiries about driver's license, and the register of driver's licenses;

1. Previous conviction: Application of Acts and subordinate statutes of inquiry about criminal history;

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. Selection of each sentence of imprisonment;

1. In light of the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, the defendant's reason for sentencing continues to engage in drinking, driving without a license, and the fact that the amount of drinking alcohol of this case is high, etc., it is inevitable to sentence the defendant as a sentence.

In full view of all the above circumstances and various other factors of sentencing, the sentence shall be determined as per the disposition.