A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal history] On March 31, 2011, the Defendant was sentenced to a suspended sentence of one year for four months by imprisonment for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court. On December 24, 2014, the Defendant was sentenced to a suspended sentence of two years by imprisonment for a crime of violating the Road Traffic Act (drinking) at the Incheon District Court.

[2] On October 7, 2018, the Defendant driven a B-wheeled vehicle without obtaining a motor device license under the influence of alcohol level of approximately 0.067% from the section of approximately 200 meters from the same railroad station in Bupyeong-gu, Incheon, Bupyeong-gu to the front side of the same Gu-ro 830 meters away from the same railroad station.

As a result, although the defendant had been punished more than twice due to the violation of the Road Traffic Act, he was driving a two-wheeled vehicle without obtaining a bicycle license under the influence of re-driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. The next inquiry (B);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes concerning report on investigation (Attachment of judgments related to the same criminal history);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of imprisonment with prison labor chosen;

1. There are extenuating circumstances such as: (a) the Defendant’s mistake in sentencing for the reasons of sentencing under Articles 53 and 55(1)3 of the Criminal Act; (b) the distance of driving is short; (c) the amount of alcohol content in blood is relatively high; and (d) the disposal of an engine device bicycle and the disposal of it does not repeat again; (b) 6 times punishment for the same crime was imposed since 2005; and (c) the two times of the sentence was sentenced to suspension of the execution of imprisonment due to drinking and non-licensed driving.