A defendant shall be punished by imprisonment for not less than two years and six months.

Punishment of the crime

[criminal power] On February 25, 2008, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act (driving) in the original state branch of the Chuncheon District Court on February 25, 2008, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving), etc. on December 5, 2008. On July 12, 2011, the same court was sentenced to a fine of KRW 5 million for a violation of the Road Traffic Act (e.g., refusal of measurement). On March 28, 2019, the Defendant was sentenced to a suspended sentence of KRW 3 years for a violation of the Road Traffic Act (e.g., drinking).

【Criminal Facts】

On July 27, 2019, at around 23:05, the Defendant driven a motor bicycle of approximately 2.5 km from the first day of the original city B to the front road of the same city D apartment, via C apartment, without a motorcycle driver's license, while under the influence of alcohol by about 0.287% without a motorcycle driver's license, the Defendant driven the ECA 110 motorcycle.

Accordingly, although the defendant had a record of punishment for drinking driving or refusing to take a drinking test, he driving a motorcycle without a motorcycle driver's license.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A report on the occurrence of a traffic accident, a fact-finding report, a field map, a site photograph, a report on the situation of a driver, a criminal investigation report, a internal investigation report (report on the situation of a driver on the spot), data on the closure of a witness vehicle booms, each appraisal request meeting, each witness vehicle booming data, data on cutting off a witness vehicle booms accident report, investigation report (STV verification), data on the closure of a DNA apartment CCTV, and a criminal investigation report (Attachment to a photograph of a suspect's boom booms image in the face of the suspect accident);

1. One copy of a witness vehicle list CD, a witness vehicle list CD, a witness vehicle list image CD, a DNA apartment CCTV CD, a black stuff, and a DVD video improving the CCTV quality;

1. The driver's license ledger;

1. Records of seizure and the list of seizure;

1. Previous convictions: Criminal records and investigation reports (the facts under the suspension of the execution of a suspect, and criminal records and attachment of a written judgment) shall be made immediately after the accident occurs.