A defendant shall be punished by imprisonment with prison labor for up to six months.

Punishment of the crime

[criminal history] On March 15, 2013, the Defendant was sentenced to six months of imprisonment by the Seoul High Court for a violation of the Road Traffic Act (driving), etc. on April 9, 2015, and was sentenced to one year by imprisonment with prison labor for a violation of the Road Traffic Act (driving), etc. in the support of the Suwon Friwon, the termination of the execution of the sentence at the Childbirth Training Institution on April 8, 2017. On February 9, 2018, the Defendant was sentenced to ten months of imprisonment with prison labor for a violation of the Road Traffic Act (driving of alcohol) at the Incheon District Court on February 9, 2018. A person who violated Article 44(1) of the Road Traffic Act (including the confirmation of around August 17, 2018) at least twice.

[2] On April 29, 2018, the Defendant driven a C-wing truck with alcohol content of at least 0.137% while under the influence of alcohol without obtaining a driver’s license from a section of about 300 meters from the French-dong, Nam-gu, Incheon to the road from around 22:20 to the road of about 583-0 in the same Gu’s office.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, and a photograph of the accident scene;

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

1. The driver's license ledger;

1. References to inquiries, such as criminal history, reports on investigation (verification of such previous history), investigation reports (verification of repeated crimes), and application of Acts and subordinate statutes significantly to this court;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) shall apply;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of a small amount of punishment lies in the defendant who has been sentenced to several criminal punishments due to a violation of traffic laws on roads; the defendant was sentenced to one year of imprisonment due to a violation of traffic laws on or around April 9, 2015, and the same criminal is each of the instant offenses during the period of repeated crimes.