A defendant shall be punished by imprisonment for six months.

Criminal facts

[criminal history] On June 15, 2016, the Defendant was sentenced to imprisonment for a violation of road traffic law (unlicensed driving) at the Gunsan Branch of the Jeonju District Court, and completed the execution of the sentence on March 19, 2018.

[2] The Defendant, as a holder of VJF-1 125c two-wheeled vehicle, was under the influence of 07:50 on April 8, 2018, without obtaining a motor device bicycle driver’s license, driving the above VJF-1125c two-wheeled vehicle with approximately 400 meters of alcohol level from the Do in front of Sungnam-gu, Sungnam-si B to the front road of the same Gu, while under the influence of 0.148% on April 8, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. Notification of the results of crackdown on driving drinking, license register, etc.;

1. On-site photographs and stophograph photographs;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the period of a suspect and a repeated offense);

1. Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (non-licensed driving) concerning the facts constituting an offense, Article 14-2 and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act (the point of drinking) of the same Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages;

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

1. Selection of each sentence of imprisonment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The reason for sentencing Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes is that the defendant repents the crime of this case, and reflects it, is favorable to the defendant.

However, the Defendant committed the instant crime since it has not completed the execution of punishment with the record of the crime recorded in the judgment.

The defendant found a police vehicle while driving without a license or drinking, and moved a stoke, and the police vehicle gets out of the scene by the police.

At the time of the instant crime, the alcohol concentration level of the Defendant’s blood is also high.

The defendant is driving a light drinking in 2014.