[criminal record] The defendant was sentenced to a summary order of a fine of 2.5 million won on April 8, 2009, a fine of 4 million won on May 2, 201, and a fine of 4 million won on September 2, 201, and a suspended sentence of 8 months on September 27, 2012. The defendant was sentenced to a suspended sentence of 2 years on September 5, 2012, and the judgment became final and conclusive on October 5, 2012, and is currently under a suspended sentence.

[Criminal Facts] On May 20, 2013, the Defendant driven a BTS50 motorcycle while under the influence of alcohol 0.131% under the influence of alcohol, without obtaining a motorcycle driver’s license from a section of about 300 meters from the front of the Han River market in the Han River-Eup, the Han River-gu, the Han River-ro, the Jeju-si, the Jeju-do, to the front of the 7-1st road in the same city-Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving, report on the circumstances of drinking drivers, and report on detection of drinking drivers;

1. A driver's license inquiry;

1. Before holding: Application of inquiry reports on criminal records, etc. and investigation reports (report on attachment of summary order of a suspect, reporting during the suspension period of the execution of a suspect, and reporting on the results of confirmation of the disposition);

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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act, between the crimes of violation of the Road Traffic Act and without a license, and the crimes of violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is several times the criminal history of the same crime is committed against the defendant, and a suspended sentence of imprisonment with prison labor was imposed for a criminal offense committed without any particular measure after causing a traffic accident while driving with no license, and the crime was committed during the suspension of collection of the sentence.

At the time of the instant case.