A defendant shall be punished by imprisonment for one year.

Punishment of the crime

The Defendant was issued, at the Gwangju District Court, a summary order of KRW 3 million on May 31, 2012, and was sentenced to imprisonment with prison labor for one year on March 28, 2013 and six months on June 18, 2016.

On September 15:27, 2020, the Defendant driven an EW125EX2 motorcycle at approximately 200 meters away from the roads near Gwangju Northern-gu, without obtaining a motorcycle license in the state of drunk alcohol concentration of 0.213%.

As a result, the defendant driving a motorcycle without obtaining a motorcycle 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. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

1. The circumstantial statement of the employee;

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

1. Previous records of judgment: Criminal records, etc., inquiry report, judgment, summary order, and application of Acts and subordinate statutes to the acceptance status of individuals;

1. Article 148-2 (1), Article 44 (1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the crime (the point of driving without a license)

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

1. Selection of imprisonment with prison labor chosen;

1. Taking account of the following factors: (a) the Defendant’s reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act has the history of serving the sentence five times as a drunk driver; (b) seven times as a non-licensed driver; (c) the Defendant was sentenced to a sentence due to drinking or non-licensed driving; and (d) four years have passed since the completion of the sentence; and (c) the blood alcohol concentration at the time of the instant drinking and non-licensed driving reaches 0.213%, choice of imprisonment is inevitable.

However, the driving of a motorcycle at a section of 200 meters at the time of the drinking and the driver's license of this case, and the defendant recognized his mistake.