A defendant shall be punished by imprisonment for six months.

Punishment of the crime

The Defendant was issued a summary order of KRW 1 million at the Changwon District Court on March 24, 2008 due to a violation of the Road Traffic Act (driving). On July 14, 2008, the Defendant was sentenced to a summary order of KRW 3 million by the same court for the same crime, etc. on June 19, 2009, and was sentenced to a suspended sentence of KRW 5 million for the same crime, etc. at the same court on June 19, 2009. On October 15, 2009, the Defendant was sentenced to a fine of KRW 5 million by the same court on the same crime, etc. at the same court on March 26, 2010, and on March 21, 2018, the Defendant became final and conclusive during the suspended sentence period after being sentenced to a suspended sentence of KRW 2 years for a violation of the Road Traffic Act as of March 29, 2018.

On December 26, 2018, at around 19:50, the Defendant driven the ECA 110 Orba under the influence of alcohol content of about 0.28% without obtaining a motorcycle driver’s license from the front of the Defendant’s residence in Jinhae-si, Changwon-si, to the front of the same Gu Ramba road, and without obtaining a motorcycle driver’s license from around 700 meters.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motorcycle without obtaining a motorcycle driver's license under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, inquiry reports (a), investigation reports (a summary order, court rulings, etc.);

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

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

1. Selection of imprisonment with prison labor chosen;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include not only the past, but also the criminal defendant has been punished several times for the same crime.