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

Punishment of the crime

[criminal power] On March 17, 2003, the defendant was sentenced to a summary order of KRW 2 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on March 17, 2003; on September 28, 2005, a fine of KRW 5 million by a fine for a violation of the Road Traffic Act; on November 15, 2007, at the Incheon District Court on August 11, 2008, the defendant was sentenced to a summary order of KRW 7 million by a fine for a violation of the Road Traffic Act; on August 27, 2008, the defendant was sentenced to a summary order of KRW 1.5 million by a fine for a violation of the Road Traffic Act at the same court on November 27, 2008; on August 28, 2013, the defendant was sentenced to a summary order of KRW 5 million by a fine of KRW 500,000 as at the same court on August 28, 2013, respectively.

【Criminal Facts】

On October 31, 2015, at around 21:50, the Defendant was driving a car with C Edical Edical Zone under the influence of alcohol concentration of about 0.176% without obtaining a driver’s license from a section of about 700 meters in a section of approximately 700 meters from the street in front of the Haak Village located in Yeonsu-gu Incheon Metropolitan City to the day before the Haak Elementary School located in Yeonsu-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report attached to the same type of judgment, 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows.