A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 18, 2008, the Defendant was sentenced to a fine of two million won due to a violation of the Road Traffic Act (driving) in the original branch of the Chuncheon District Court on July 18, 2008, and a suspended sentence of two years due to the same crime in the same court on May 17, 2018.

On November 5, 2018, at around 02:35, the Defendant driven a motorcycle at approximately 1.8km section of approximately 0.146% alcohol concentration, without obtaining a motorcycle driver’s license, from the front of the Gangwon-si B apartment road in Gangwon-si to the front of the “Dcafeteria” road in the same city C.

Accordingly, the defendant, who has violated the prohibition of drunk driving more than twice, has driven a motorcycle without obtaining a motorcycle driver's license in the state of drunk.

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. Previouss before judgment: Application of Acts and subordinate statutes to resident inquiry and criminal records, and investigation reports (No. 22 through 25 No. 5 of the evidence list);

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

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

1. The Defendant was sentenced to a suspended sentence for six months on May 17, 2018 due to the crime of violation of the Road Traffic Act, etc. However, even though he was sentenced to a suspended sentence for six months on the grounds that the Defendant had been punished for driving under the influence of alcohol on several occasions, the Defendant was under the influence of driving under the influence of alcohol during the suspended sentence.

At the time of driving under the influence of alcohol in this case, the blood alcohol concentration is very high to 0.146%.

Considering the above circumstances, even if considering favorable circumstances, such as the defendant being financially supported by his/her family members and being against the crime of this case, no sentence may be imposed on the defendant.

The age of the defendant.