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

Punishment of the crime

[criminal power] On May 3, 2016, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating the Road Traffic Act (driving) at the Cheongju District Court Support on Cheongju District Court on May 3, 2016, and the Defendant was sentenced to a suspended sentence of eight months for the same crime in the same court on September 8, 2016.

【Criminal Facts】

On September 26, 2016, at around 22:05, the Defendant driven C rocketing car under the influence of alcohol concentration of 0.123% without obtaining a driver’s license from the front of a restaurant in the Cheongcheon-si, Incheon-si, Cheongdong, to the front of the Cheongdong Cheongdong Cheongdong Cheongcheon-si, and without obtaining a driving license.

Summary of Evidence

【Criminal Facts in the Market】

1. Defendant's legal statement;

1. Statement on the circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Registers of driver's licenses (criminal records on the market);

1. A inquiry report, such as criminal records;

1. Investigation report (Attachment of the same type of judgment and summary order);

1. Application of two copies of the judgment and two copies of the summary order to the court; and

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of imprisonment with prison labor chosen;

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following grounds for sentencing) are as follows, and the conditions of sentencing indicated in the records, such as the Defendant’s age, occupation, character and conduct, family relation, and circumstances before and after the commission of the crime, shall be comprehensively taken into account.

The fact that there has been three-time penalties due to drinking driving, the fact that he/she committed the same kind of crime during the period of the suspension of the execution, even though he/she was sentenced and sentenced to the two-year suspended sentence for the eight-month imprisonment due to the violation of the Road Traffic Act (driving without Permission) and the violation of the Road Traffic Act (Operation without Permission) around September 2016.