A defendant shall be punished by imprisonment for four months.

Punishment of the crime

On October 11, 2013, the Defendant was sentenced to four months of imprisonment with prison labor for an injury at the Daejeon District Court, and completed the execution of the sentence on February 7, 2014.

On July 16, 2014, at around 18:50, the Defendant driven, without a motorcycle driver’s license, the otobbs (ship displacement 125cccccccccc) with blood alcohol concentration of 0.052%, while under the influence of alcohol level from the roads adjacent to the wooden bridge in Daejeon-gu, Daejeon to the front direction of the Dial Police Station in the same Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, and report on the situation of drinking drivers;

1. Registers of driver's licenses;

1. Mandatory insurance certificate;

1. Previous records: A inquiry report, such as criminal records, and a report on the previous dispositions and the results of confirmation, and the application of Acts and subordinate statutes on the personal identification status;

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 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 concerning criminal facts;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act are against the defendant, even if considering the fact that the defendant's reasons for sentencing are relatively low, the mental health status of the defendant, etc., there are many fines related to driving without a license, in particular, it is inevitable to sentence a punishment to increase the risk of recidivism and prevent damage to the defendant and others from the damage to the defendant.