[Criminal history] On May 3, 2018, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment with labor for a violation of road traffic law (dacting driving) at the Gwangju District Court.

[2] On October 5, 2020, the Defendant: (a) driven a bicycle with a motor device at approximately 500 meters section from the front side of Gwangju Nam-gu, Gwangju, to the Elive Road in the same Gu, without obtaining a motor device driver’s license; and (b) while under the influence of alcohol at least 0.230%, the Defendant driven a bicycle with a motor device at approximately 0.25% alcohol concentration in blood.

As a result, the defendant transferred a motor device bicycle without a motor device bicycle driver's license, and at the same time violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the occurrence of a traffic accident, notification of the results of regulating drinking driving, and the ledger of driver's licenses;

1. Previous convictions: Application of written inquiries about criminal history and Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The defendant's reasons for sentencing under Article 53 and Article 55 (1) 3 of the Criminal Act for mitigation of small amount of punishment have the record of being sentenced to a fine in 2006, 201, and 2017 due to drinking driving in 201, and a suspended sentence in 2018. However, since the period of suspended sentence has not yet expired, the defendant committed the crime of this case that causes an accident while driving without a driver's license in a chronic state, etc., the defendant shall be sentenced to imprisonment with prison labor; however, the defendant is recognized to commit the crime of this case; the defendant shall be sentenced to imprisonment with prison labor; records such as the motive and circumstance of the crime of this case; circumstances after the crime; the defendant's family relationship; and possibility of re-offending; and various conditions of sentencing specified in the course of the process