[criminal power] The defendant was issued a summary order of one million won or more for a violation of the Road Traffic Act on December 12, 2007, and a fine of five million won or more for the same crime on June 17, 2016, respectively, from the same support on September 23, 2020 to the same support on September 23, 202, the defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act, and was sentenced to two years of suspension of execution or more for a violation of the Road Traffic Act on October 6, 2020.

【Criminal Facts】

On October 1, 2020, at around 02:03, the Defendant driven a FGTS125 EFIbb, without obtaining a motorcycle driver’s license, in the section of approximately 2 km from the road near the Hospital in Chungcheongnam-si, Chungcheongnam-si, Seoul, to the front of the road in the same city D, with approximately 0.195% alcohol level.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and driving a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Report on the occurrence of a traffic accident by Defendant’s statutory statement, on-site photographs, detailed statement on the 112 Report, actual condition investigation report (on-site conditions, etc.) on internal investigation, photographs, report on the circumstantial statement of the driver concerned, and the register of car driving licenses;

1. Previous convictions indicated in the judgment: Criminal records, references to criminal records, reports on the results of confirmation of the previous dispositions, and application of Acts and subordinate statutes to investigation reports (the same type of criminal records and confirmation of suspended execution);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Handling concurrent crimes and mitigation of punishment, the latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Code for discretionary mitigation has a record of having been punished several times for the same crime, and the execution of imprisonment with prison labor on September 23, 202 for a drunk driving on the same day.