A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On December 26, 2012, the Defendant was sentenced to one year of suspended sentence for six months by imprisonment for a violation of the Road Traffic Act at the Daegu District Court on December 26, 2012. On September 4, 2014, the Defendant was sentenced to two years of suspended sentence for eight months by imprisonment for a violation of the Road Traffic Act at the Daegu District Court on September 4, 2014, and the said judgment became final and conclusive on September 12, 2014.

【Criminal Facts】

The defendant is a driver of a two-wheeled vehicle (less than 125cc).

On August 2, 2014, at around 23:10, the Defendant driven the two-wheeled vehicle at the section of about 4km from the front side of the Daegu Jung-gu Gyeong-gu Gyeong-gu 99 Standing Park to the front side of the Dong-ro 34-gil 17, Dong-gu, Dong-ro 34-gil, without obtaining a motorcycle driver's license, with a blood alcohol concentration of 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. A license inquiry;

1. Previous convictions: Application of Acts and subordinate statutes concerning certified copies of written judgments and investigation reports (related to the same kind of power);

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) (the point of running sound driving), subparagraph 2 of Article 154 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 Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. On May 29, 2014, the Defendant for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation was discovered while drunk driving and the license was revoked. The first trial date (Seoul District Court Decision 2014Da3261, Aug. 19, 2014) of the criminal trial (Seoul District Court Decision 2014Da3261) against the above crime alleged that the Defendant was unaware of the facts charged at the investigation stage. However, the Defendant submitted a written opinion and a written request for the appointment of a state appointed defense counsel on July 7, 2014.

In addition, on August 2, 2014, it was discovered that the driver was driving the Otoba in the state of Madar on August 2, 2014 without being aware of it.

Whether the defendant's drinking level is high and it is discovered by drinking driving.