A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On November 29, 2006, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) at the Incheon District Court on November 29, 2006, and on May 19, 2016, the Defendant was sentenced to imprisonment for 8 months and a suspended sentence of 2 years at the Incheon District Court on May 19, 201.

In Incheon District Court Decision 2016No1804, the defendant appealed and is currently pending in the final appeal.

【Criminal Facts】

On June 14, 2016, the Defendant driven a D 300-C car under the influence of alcohol content of 0.064% while under the influence of alcohol, without obtaining a driver’s license for a section of about 500 meters from the front of the 66-C hotel to the front of the 1st road, Seocheon-gu, Seocheon-gu, Seocheon-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records of judgment: Criminal history records, probationary records, amounts of dispositions, reporting on results, investigation reports (reports among judgments on the same kind of case), and application of Acts and subordinate statutes to investigation reports (verification of criminal records);

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 reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that there are many criminal convictions for drunk driving and non-licensed driving. In particular, the Defendant is sentenced to the Defendant in light of the following: (a) the Defendant was indicted for committing a crime of drunk driving as stated in the ruling and was sentenced to a suspended sentence of imprisonment by the Incheon District Court on May 19, 2016; and (b) the Defendant filed an appeal after being sentenced to a suspended sentence of imprisonment with prison labor

However, the punishment as ordered shall be determined by comprehensively taking into account all the other factors of sentencing, including the fact that the defendant is against nature, the fact that the drinking level of this case is not high, and the other factors of sentencing.