A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On December 25, 2016, the Defendant driven a 50cc-pact-type motor bicycle under the influence of alcohol content of 0.172% without obtaining a motor device driver’s license from the front road near C in Yang-si, Yangju-si, to the front road located in D in Yang-si, Yangju-si, without obtaining a motor device driver’s license.

Summary of Evidence

1. Statement of the protocol concerning the interrogation of the accused by the prosecution;

1. Statement report on the situation of a driver driving, notification of the results of regulating drinking driving, field photographs, inquiry of the results of crackdown on drinking driving, the register of driver's licenses, guidance, and application of video-related Acts and subordinate statutes;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. On November 30, 2016, the Defendant was sentenced to a suspended sentence of two years for a crime of violating the Road Traffic Act (driving alcohol) or a violation of the Road Traffic Act (licensed driving) at the Jung-gu District Court on November 30, 2016, and the judgment became final and conclusive on December 8, 2016, the Defendant again committed the instant crime of the same kind during the suspended sentence due to the lack of one month, thereby committing the instant crime again during the period of the suspended sentence, and the alcohol concentration in blood was also high.

In addition, the defendant escaped and avoided legitimate criminal justice procedures.

Therefore, the defendant is sentenced to imprisonment.