A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal records] On July 6, 2009, the defendant was subject to a disposition of transfer from the Juvenile Department due to a violation of the Road Traffic Act by a branch office of the Incheon District Public Prosecutor's Office. On June 11, 2010, the defendant was subject to a disposition of transfer from the Incheon District Public Prosecutor's Office to the Juvenile Department due to a violation of the Road Traffic Act (drinking). On April 14, 2017, the defendant was sentenced to a suspended sentence of one year for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (dangerous Driving) at the Incheon District Public Prosecutor's Branch, and the judgment becomes final and conclusive on April 22, 2017, and is currently under the suspended sentence.

[2] On June 16, 2017, around 01:05, the Defendant driven a motor vehicle without obtaining a driver’s license in a state of alcohol level of about 6 km from the blood alcohol level of about 0.179%, to the front road of the building distance of the Nam-gu Incheon Metropolitan City, Namdong-gu, Incheon, Seodong-gu, Incheon, without obtaining a driver’s license.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving on the vehicle, report on the circumstances of driving on the vehicle, report on the circumstances of the driver on the vehicle, report on the results of crackdown on drinking, and the register of driver's licenses;

1. Each photograph;

1. Previous convictions indicated in the judgment: He/she shall apply a reply to inquiry, such as criminal history, a report on the result of the previous conviction of the disposition, and each investigation report (verification during the suspended execution period and confirmation of drinking records at least twice);

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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include three times juvenile protective disposition for the same drinking, non-licensed record, and one time punishment for a fine for the accused. In particular, the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act has the same record of punishment.