A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 21, 2016, the Defendant was issued a summary order of KRW 3 million by a fine for a violation of the Road Traffic Act at the Incheon District Court on November 21, 2016, and on August 10, 2017, the Defendant was sentenced to a suspended sentence of 8 months by imprisonment for a violation of the Road Traffic Act (driving) at the Incheon District Court on August 10, 2017, and was charged with non-detained as a crime of violation of the Road Traffic Act (driving) and is still pending trial.

On October 2, 2019, around 04:05, the Defendant driven DW 125 motorcycle while under the influence of alcohol content 0.117%, without obtaining a motorcycle driver’s license from around 04:05 to the front road of Macheon-si, Macheon-si.

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

Summary of Evidence

1. Report on the occurrence of traffic accidents, report on the actual state of traffic accidents, and photographs, such as the scene, on-site, and the register of driver's licenses for motor vehicles for motorcycles;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal history records, probationary reports (A), investigation reports (verification of the same kind of power and the facts during the period of suspension of execution), and application of Acts and subordinate statutes to investigation reports (verification of the facts under trial);

1. Selection of imprisonment with prison labor for an optional concurrent crime under Article 148-2 (1), Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, or Articles 40 and 50 of the same Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation has the record of being punished several times due to drunk driving and unlicensed driving.

In particular, the defendant was sentenced to a suspended sentence of 2 years for 2017 due to the violation of the Road Traffic Act and the violation of the Road Traffic Act.