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

Punishment of the crime

[criminal history] On January 5, 2015, the Defendant was sentenced to a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court; on June 2, 2015, the Defendant was sentenced to a summary order of KRW 2,00,000 to a fine for a violation of the Road Traffic Act (driving) at the Incheon District Court; on September 17, 2015, the Defendant was sentenced to imprisonment for six months, suspension of execution two years; and on February 4, 2016, the Defendant was sentenced to imprisonment for eight months and suspension of execution for a violation of the Road Traffic Act (driving) at the Incheon District Court.

[2] On September 16, 2017, at around 03:58, the Defendant driven a Crane car under the influence of alcohol concentration of about 0.085% without obtaining a driver’s license from a section of about 500 meters in front of the length of theme in the Bupyeong-gu Incheon Bupyeong-gu, Incheon to the front road of the culture distance in the Bupyeong-gu, Incheon.

Accordingly, even though the Defendant violated the prohibition of drinking under the Road Traffic Act more than twice without a driver's license, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the relevant provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiry about criminal history and investigation reports (including the previous and several confirmations), and documents attached thereto;

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. Not only has been punished several times for the same type of crime with the same reason for sentencing, but also also has the history of committing the instant crime during the period of suspension of execution.