A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 27, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Road Traffic Act (driving) in Busan District Court's branch branch court, and the execution of the sentence was completed on December 25, 2016.

On September 19, 2019, at around 15:20, the Defendant driven a motorcycle of about 800 meters from the front of the Busan East-gu B Village to the front of the D in the same Gu C, without obtaining a motorcycle driver's license with a blood alcohol concentration of 0.216%.

As a result, the defendant again driven a motorcycle without obtaining a motorcycle driver's license under the influence of alcohol in violation of the provision of the Road Traffic Act prohibition.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and the driver's license ledger;

1. Previous records: Application of Acts and subordinate statutes on criminal records, reply reports 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is not only that the defendant has been subject to punishment several times due to drunk driving and without a license, but also that he/she once again drives alcohol or without a license during the repeated crime period due to drunk driving, and that the blood alcohol concentration was very high, and that the actual contact occurrence occurred, it is inevitable to punish the defendant.

However, taking into account the following circumstances, such as the Defendant’s age, character and conduct, family environment, motive and means of committing the instant crime, and the circumstances after committing the crime.