A defendant shall be punished by imprisonment for not less than one year and six months.

Punishment of the crime

[criminal power] On February 17, 2016, the Defendant was sentenced to imprisonment with labor for a special injury, etc. at the Chuncheon District Court on March 3, 2017, and completed the execution of the sentence in the Chuncheon Prison on March 3, 2017, and on May 31, 2018, the Defendant was sentenced to a fine of KRW 10 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury) and a violation of the Road Traffic Act in the Chuncheon District Court on May 31, 2018, and is still pending in the appellate trial. The Defendant was sentenced to a fine of KRW 4 million for a violation of the Road Traffic Act at the Chuncheon District Court on January 18, 201, and was sentenced to a fine of KRW 1 million for a violation of the Road Traffic Act at least twice in the same court on January 11, 207.

【Criminal Facts】

On October 16, 2018, at around 20:47, the Defendant driven a motor bicycle with CDSS80 without a motorcycle driver's license in the state of alcohol alcohol concentration of about 0.204% from the front Do of the Chuncheon District Court to the Chuncheon B apartment parking lot, which is located in 284, from around the Do of the Chuncheon District Court.

As a result, the defendant, who has violated the prohibition of drinking under the Road Traffic Act more than twice, drives a motor bicycle again and at the same time, drives a motorcycle without a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on traffic accidents, on-site photographs, reports on the circumstantial statements of drivers, and the register of drivers' licenses of motor vehicles;

1. Previous convictions indicated in judgment: Criminal history records, references (A), previous records of disposition, reports on results of confirmation, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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

1. Selection of imprisonment with prison labor chosen;

1. The Defendant for sentencing under Article 35 of the Criminal Act among repeated offenders is for driving under the influence of alcohol in 2006 and 2007 (the date of committing an offense is October 26, 2006).