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

Punishment of the crime

On January 29, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on July 20, 2016, the same court was sentenced to a fine of KRW 3 million for the same crime, and on May 2, 2019, the Defendant was sentenced to a fine of KRW 5 million for the same crime at the same court on May 2, 2019.

Although the Defendant had been able to violate the provision on the prohibition of drunk driving under the Road Traffic Act more than twice, the Defendant driven a motor vehicle, at around 22:10 on May 3, 2019, at approximately 100 meters away from the 100-meter section to the road front of Daegu-gu D, Nam-gu, Seoul-gu, without obtaining a motorcycle driver’s license with a blood alcohol concentration of about 0.151%.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Registers of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to report on investigation (verification of suspect's same records);

1. Article 148-2 (1) 1 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 154 subparagraph 2 and Article 43 of the Road Traffic Act concerning the crime;

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

1. Selection of imprisonment with prison labor chosen;

1. The sentence identical to the order shall be determined by comprehensively taking into account the following conditions of sentencing for the reason of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act and other conditions of sentencing indicated in the records, such as the defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the crime.

- The maximum amount of drinking water in this case is high, 8 times as a crime of violation of the Road Traffic Act (driving) and 2 times as a crime of violation of the Road Traffic Act (e.g., refusal of measurement of drinking water) - the recognition and reflection of the crime