A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal power] On February 25, 201, the Defendant was notified of a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) in the Changwon District Court's branch on February 25, 201. On October 14, 2015, the same court was sentenced to a suspended sentence of imprisonment for six months due to the same crime. On July 13, 2018, the prosecutor appealed for a fine of KRW 3 million due to the same crime, but the prosecutor appealed on October 13, 2018, but became final and conclusive around that time.

【Criminal Facts】

As above, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act more than twice, driven a DNA breab while under the influence of alcohol by 0.219%, without obtaining a motorcycle driver’s license, from around 15 km section from the Defendant’s house located in Gyeongnam-gun B around August 8, 2018 to the parking lot at the entrance of the same military C village in the same military.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the situation of a drinking driving, notification of the results of the crackdown on drinking driving, investigation report, inquiry into the results of crackdown on drinking driving, the register of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Application of Acts and subordinate statutes, such as criminal records, investigation reports, and copies of written judgments;

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. The punishment provided for in Articles 40 and 50 of the Commercial Concurrent Crimes (the punishment provided for in Articles 40 and 50 of the Road Traffic Act and between the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act without a license for a motor bicycle), and the punishment provided for in the crimes of a heavier

1. Selection of imprisonment with prison labor chosen;

1. The elements of sentencing unfavorable to the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: The Defendant was punished five times or more due to drunk driving, including criminal records previously shown, and in particular, this Court on July 13, 2018.