A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On June 14, 2012, the Defendant was issued a summary order of KRW 2 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) at the Incheon District Court’s Branch Branch Branch on June 14, 2012. On September 2, 2013, the Defendant was issued a summary order of KRW 3 million for the same offense from the Incheon District Court’s Branch Branch on September 2, 2013. On October 27, 2014, the Defendant was issued a summary order of KRW 5 million for the same offense by the Incheon District Court.

【Criminal Facts】

1. On September 3, 2018, at around 03:20, the Defendant driven Daba under the influence of alcohol content 0.160% under the influence of alcohol without obtaining a motorcycle driver’s license from a section of about 10 km away from the Mapo-si Jeju Jeju Jeju Island to the front door of the entrance of the fishing place in Incheon-gun.

2. On October 23, 2018, at around 20:12, the Defendant driven a breab while under the influence of alcohol with a blood alcohol concentration of 0.124%, without obtaining a motorcycle driver’s license, from around 300 meters away from the street in front of Incheon Strengthening-gun E to the F three-distance street street.

As a result, the defendant had already been punished for drinking driving more than twice, but he again carried out drinking driving and driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on the actual condition of traffic accidents, and reports on the results of regulation of drinking driving;

1. Previous records: Application of inquiries, such as criminal records, and summary order-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

1. The punishment provided for in Articles 40 and 50 of the Criminal Act among the crimes of violation of each Road Traffic Act and the crimes of violation of each Road Traffic Act (unlicensed Operation) and the punishment provided for in each Road Traffic Act of which punishment is heavier;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.