A defendant shall be punished by imprisonment for one year.

Punishment of the crime

In the Seosan Branch of the Daejeon District Court on March 14, 2013, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving). In the same support on March 14, 2013, the Defendant was sentenced to a fine of five million won for the same crime, from the same support on April 24, 2014 to a fine of five million won for the same crime, and from the same support on May 20, 2016, the Defendant was sentenced to a suspended sentence of eight months for the same crime in the same support on May 20, 2016. In the same support on June 14, 2018, the Defendant was sentenced to a imprisonment of eight months for the same crime, and on July 24, 2019, sentenced six months to an obstruction of the performance of official duties to a prison on January 21, 201.

On May 26, 2020, the Defendant driven a non-registered motor bicycle of 100cc under the influence of alcohol concentration of 0.105% without obtaining a driver's license at the section of approximately 1 km from the Seosan-si building and the C-dong parking lot to D-si, Seosan-si.

As a result, the defendant driving a motorcycle without a driver's license, and at the same time violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, reply reports, written judgments, and personal confinement status;

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. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation has a history of having been punished several times due to drunk driving and unlicensed driving. In particular, the Defendant had been sentenced to imprisonment for August 2016 and two years of suspended execution for the same crime, which were sentenced to imprisonment for the same crime, and repeated drinking and unlicensed driving even though there was a history of eight months of imprisonment for the year 2018.

In addition, the defendant committed the crime of this case even though he was a repeated offender.