A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Punishment of the crime

On May 27, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Road Traffic Act (refluence of measurement) in the Seocheon Branch of the Daejeon District Court on May 27, 2016, and completed the execution of the sentence on October 20, 2016. On April 23, 2007, the above court was sentenced to a fine of four million won for a violation of the Road Traffic Act (refluence) and a fine of four million won for the above court on June 25, 2008, and on September 26, 2012, each of the above courts was sentenced to a suspended sentence of eight months for a violation of the Road Traffic Act (refluence of alcohol) and six months for a violation of the Road Traffic Act (refluence of alcohol) in the above court on April 26, 2013.

On January 26, 2018, at around 20:40, the Defendant driven an E 1 ton cargo vehicle while under the influence of alcohol leveling 0.140%, without obtaining a driver’s license from the roads in front of the Seo-gu Incheon Metropolitan City B market to the roads in front of the same city as the D cafeteria located in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the result of crackdown on drinking driving, and report on the situation of a drinking driver;

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, correspondence records, personal confinement status, application of statutes of the judgment; and

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Aggravation of repeated crimes under Article 35 of the Criminal Act (in the case of previous crimes of violation of the Road Traffic Act, refusal of measurement);

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has a history of being punished by the defendant for drinking and driving without a license several times, as well as the fact that the defendant once renders drinking, driving without a license during the period of repeated crime due to a crime of violation of the Road Traffic Act (Refusal of measurement) and disposes of the motor vehicle owned by the defendant.