On July 1, 2011, the Defendant was sentenced to a suspended sentence of two years for a period of eight months at the Daejeon District Court for a violation of the Road Traffic Act.

9. The above judgment was finalized, and on November 7, 2016, the Daejeon District Court issued a summary order of KRW 5 million for a violation of the Road Traffic Act at the Daejeon District Court, and the above summary order was finalized on the 22th of the same month.

On March 17, 2019, the Defendant, while under the influence of alcohol at a 0.218% alcohol level, driven an E-to-land from the Defendant’s house located in Daejeon Jung-gu, Daejeon to the front road located in Daejeon Jung-gu, without obtaining a motorcycle driver’s license, at approximately 1km from the front of the Defendant’s house located in Daejeon Jung-gu, to the front road of the Daejeon Jung-gu.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motorcycle without obtaining a motorcycle driver's license under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the results of the crackdown on drinking driving, a statement of control details, a statement on the circumstances of a drinking driver, an investigation report (report on the circumstances of a drinking driver), and a report on the status of a drinking driver;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports (verification of past convictions and four times of violation of the Road Traffic Act), court rulings and copies of summary orders, and application of Acts and subordinate statutes on search of consolidated cases;

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

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 of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter “the reason for sentencing”) reflects the Defendant’s fault in depth, and the ambiguous abolition is sold on the water.