A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On April 28, 2015, the Defendant was issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the credit branch of Suwon District Court on April 28, 2015, and on April 25, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months for a violation of the Road Traffic Act (driving) at the Seoul Eastern District Court on April 25, 2018, and was sentenced to a suspended sentence on May 3, 2018 and the said judgment became final and conclusive and conclusive

【Criminal Facts】

On December 20, 2019, at least 21:47, the Defendant: (a) driven a motor bicycle under the influence of alcohol concentration of 0.084% without obtaining a motorcycle driver’s license from the front of the C Hospital located in Gangdong-gu Seoul Metropolitan Government to the front road of the same Gu, and violated the prohibition of drunk driving at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry of the results of the drinking driving control, and notification of the results of the drinking driving control;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (former records and investigation reports) Acts and subordinate statutes;

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for the act of driving under the influence of alcohol in the sentencing of Articles 53 and 55(1)3 (hereinafter referred to as the following circumstances favorable to the reasons for sentencing) of the Criminal Code for discretionary mitigation is a serious crime that may inflict harm on the citizens using the road, and requires a strict punishment.

Although there are many criminal records who were punished for drinking driving and driving without a license, the defendant again committed the crime of this case during the suspension of the execution of imprisonment, which is the last criminal record.

On the other hand, a punishment shall be determined by taking into account various sentencing conditions shown in the records and arguments, such as the defendant's age, character and conduct, environment, driving distance, driving distance, the degree of the principal after the crime, and circumstances after the crime.