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

Punishment of the crime

On September 23, 2015, the Defendant issued a summary order of KRW 5 million for a crime of violation of the Road Traffic Act at the Suwon District Court, and on May 18, 2017, at the Seoul Western District Court, Article 44(1) of the Road Traffic Act was sentenced to imprisonment for 10 months for a crime of violation of the Road Traffic Act (driving), etc. on at least two occasions, but on May 29, 2017, the Defendant was driving Cpoter vehicles under the influence of alcohol concentration of approximately 0.185% without a driver’s license in the section of approximately 300 meters from May 29, 2017 to Incheon Seo-gu.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. Not only can the history of punishment for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, but also the crime of this case was committed at the same time since the suspended sentence of imprisonment was sentenced due to a drunk driving or a unlicensed driving, and the defendant's age, character and conduct, environment, family relationship, motive and result of the crime, etc. are considered and various kinds of sentencing conditions such as the defendant's age, character and conduct, family relation, and the like order shall be determined.