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

Punishment of the crime

[Power of crime] On November 8, 2007, the defendant was sentenced to a suspended sentence of six months by imprisonment for a crime of violating the Road Traffic Act (drinking driving), etc. at the Incheon District Court, and on August 27, 2009, by the same court, to a suspended sentence of eight months by committing a crime of violating the Road Traffic Act (drinking driving), etc., on two or more occasions, and has violated Article 44(1) of the Road Traffic Act.

【Criminal facts” around 14:40 on November 7, 2015, the Defendant driven a B e-ray car not covered by mandatory insurance without a driver’s license at the section of about 5km from the 267 km to the road front of the Songdo hotel, Nam-gu, Incheon, Nam-gu, Incheon, to the dead-distance road of the islands.

Summary of Evidence

1. Statement by the defendant in court;

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

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Previous convictions: References to inquiries, such as criminal history, reporting on the results of confirmation of previous convictions on the disposition, and applying Acts and subordinate statutes attaching the same electric records;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a non-mandatory motor vehicle);

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

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment are as follows: (a) the Defendant has been punished five times due to drinking alcohol driving and four times due to non-licensed driving; and (b) the Defendant once again conducted drinking, non-licensed driving, even though he/she has been sentenced to a suspended sentence of imprisonment two times; and (c) the degree of alcohol measurement is deemed to have driven at 0.209%.