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

Punishment of the crime

[criminal history] On December 22, 2006, the Defendant was sentenced to a fine of two million won as a crime of violation of road traffic law at the Seoul Southern District Court on December 22, 2006, and a fine of three million won as a crime of violation of road traffic law (drinking) in the support of the Suwon Flag Police Station on June 28, 2007. On April 19, 2017, the Defendant was sentenced to a suspension of the execution for six months as a crime of violation of road traffic law (drinking driving) in the support of the Suwon Flag Flag, and the said judgment became final and conclusive on April 27, 2017.

[2] On January 24, 2018, at around 22:00, the Defendant driven a Frop car under the influence of alcohol concentration of about 0.096% while under the influence of alcohol without obtaining a driver’s license from around 300 meters in front of the house of the mutual influent land opening in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, to the forest 42 Do-ro 101-ro, 101-ro, the same Gu poppy-ro, 300 meters.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver at home and report on the detection of the driver at home;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report-based previous convictions and results of confirmation;

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 reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for the crime of this case is that the defendant, who had been already punished twice or more due to driving of a motor vehicle under the influence of alcohol, has not been subject to the nature of the crime because of the driving of a motor vehicle without the driver's license again, and the defendant has a record of being subject to the criminal punishment several times due to the same crime even before, and the defendant has not been aware of the fact that he was under the suspension of the execution of the sentence for six months due to the violation of the Road Traffic Act in the support of the method of flooding and child delivery on April 19, 2017.