A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] The Defendant is a person with seven same criminal records, including imprisonment with labor for a violation of road traffic laws, etc. at the Changwon District Court’s branch on October 6, 2016, which was sentenced to a two-year suspended sentence for September, 2016, and the said judgment became final and conclusive on October 14, 2016.

[2] On October 23, 2017, the Defendant driven a motor bicycle under the influence of alcohol of about 50 meters, without a motor device license, at a section of about 0 meters from the road inside the viewing viewing parking lot located in the air-conditioning-dong, which is around 15:40 on October 23, 2017 to the front of the viewing entrance.

Accordingly, the defendant, who has violated the prohibition of drinking under the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol without a motor device bicycle license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, the ledger of driver's licenses (A), the actual yellow survey report, and the on-site photograph of the accident;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same type of crime);

1. Article 148-2 (1) 1 and 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 (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity are as follows: (a) the Defendant was sentenced 4 times a fine due to a violation of the Road Traffic Act due to a unauthorized driving or driving of alcohol, (b) twice a suspended sentence of imprisonment, and (c) once a prison term was sentenced, but again committed the instant crime; (c) the Defendant again committed the instant crime. Even though the Defendant was under a suspended sentence of imprisonment for the same kind of crime, it seems that the awareness of driving without a license is very low, such as driving of a motor bicycle again, even though he was under a suspended sentence of imprisonment for the same kind of crime.