A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On January 9, 2015, the Defendant issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the Busan District Court’s Dong Branch branch branch, and on November 24, 2017, the same court issued a summary order of a fine of four million won for the same crime, etc. in the same court, and on April 18, 2019, the above judgment became final and conclusive on April 26, 2019 upon being sentenced to one year of imprisonment with prison labor for the same crime, etc.

【Criminal Facts】

1. On March 25, 2019, around 18:17, the Defendant driven a driver’s license without obtaining a driver’s license in the state of alcohol level of about 0.122% in the section of approximately 300 meters from the street in front of the city of Busan to the front of the D construction site located in B, Busan, the Defendant driven a driver’s license without obtaining a driver’s license in the state of alcohol level of about 300 meters.

As a result, the Defendant, who violated the prohibition of drunk driving more than twice, was driving the above motorcycle without obtaining a motorcycle driver's license under the influence of alcohol in violation of the above provision.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act driving the said motorcycle, which was not mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Making a report on the control of drinking driving;

1. The circumstantial statement of the employee;

1. Ethiopide photographs;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes (the same type of criminal records and attachment of judgment of a suspect);

1. Relevant legal provisions concerning criminal facts: Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 154 subparagraph 2 and 43 of the Road Traffic Act; Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act;

1. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crime of drinking and driving)