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

Punishment of the crime

On August 22, 2017, the Defendant was sentenced to imprisonment with labor for one year and a fine of 300,000 won and a suspended sentence of 4 years for a crime of violating road traffic laws at the Jung-gu District Court on August 22, 2017. On February 14, 2018, the Defendant was sentenced to imprisonment with labor for 10 months and a suspended sentence of 2 years for a crime of violating road traffic laws.

On August 16, 2018, the Defendant driven a FCA 1105 Ornab without a motor device license, while under the influence of alcohol 0.069%, from approximately 700 meters from the street in front to the street in D, from around 16, 2018 to the street in front of the instant case.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license;

1. Inquiries about the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for mitigation of small amount of punishment has a record of having been punished several times due to drinking or non-licensed driving even before the defendant was sentenced to punishment.

In particular, in 2017 and 2018, the sentence of suspension of the execution of imprisonment due to the traffic accidents caused by drinking, non-licensed driving, non-driving, non-driving, and drinking refusal, and the traffic accidents caused during drinking has been sentenced.

Nevertheless, a motor bicycle has been committed under the influence of alcohol level 0.069% under the influence of alcohol or without a license during the period of suspension of the execution.

It is necessary to punish the defendant strictly.

However, it shall be considered in favor of the fact that the driving of the defendant is a motor device bicycle with less danger that may cause the public than the ordinary vehicle, and that there is a family member to support the defendant.

The crime including the above circumstances is committed.