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

Punishment of the crime

[criminal history] On September 30, 201, the Defendant was issued a summary order that imposes a fine of 1.5 million won for a crime of violating road traffic laws at the Seoul Central District Court on September 30, 201, and on August 3, 2012, the Defendant was issued a summary order that imposes a fine of 3 million won for a crime of violating road traffic laws in the same court on August 3, 201, and on November 28, 201, the Defendant was sentenced to imprisonment of 1 year, 2 years of suspension of execution, and 6 million won for a crime of violating road traffic laws (driving), and the said judgment becomes final and conclusive on December 6, 2014, and is currently under suspension of execution.

[2] On May 5, 2016, the Defendant, while under the influence of alcohol 0.120% in blood without a motor bicycle bicycle license, driven a None Star, a bicycle for a 50-meter quantity engine device, from the front side of a pharmacy that wishes to be 204 in Jongno-gu Seoul Metropolitan Government, to the front side of the same eropo-distance crosswalk, around 18:30 on May 5, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Making a report on the circumstances of the driver involved in driving and inquiring about the results of crackdown on drinking;

1. Registers of inquiry into the association of the main office and driver's licenses;

1. Previous convictions: Inquiry into criminal history, investigation report (report on attachment of judgment confirming the past records of the same type of crime), application of each summary order, and application of the text of the judgment;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a person who violates the Road Traffic Act due to a driving of alcohol and a heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include, in addition to the criminal records as stated in its reasoning, a large number of alcohol driving or unlicensed driving skills, and there are a large number of criminal records, such as imprisonment, suspension of the execution of imprisonment, and fines for other crimes, while the driver’s license has been revoked, 0.1% of alcohol concentration in blood.