A defendant shall be punished by imprisonment for two years.

Punishment of the crime

[criminal power] On December 13, 2006, the Defendant was issued a summary order of KRW 1.5 million as a crime of violation of the Road Traffic Act (driving) at the official branch of the Daejeon District Court on December 13, 2006, and a fine of KRW 4 million as an identical crime in the Daejeon District Court’s Incheon Branch Branch of the Daejeon District Court on September 9, 2013.

【Criminal Facts】

At around 13:30 on September 15, 2019, the Defendant driven a d 124cc calb in the state of alcohol with a blood alcohol concentration of at least 0.030% without obtaining a driver’s license for a section of 3 km from Gongju City to Kaju City.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice, and not more than once driving a motorcycle driver without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (the blood alcohol concentration);

1. Notification of details of enforcement and results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification twice the records of sound driving);

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

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

1. To select a sentence of imprisonment within a short time, taking into account the fact that the instant crime was committed during the period of probation due to a crime suspected of drunk driving, which has a large number of criminal records of the same kind of reasons for imposing selective sentence of imprisonment;

In this regard, considering that it is the case of driving off Otoba, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, character and conduct, environment, occupation and circumstances after the crime, and various sentencing conditions as shown in the trial process.