A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] The Defendant was sentenced to a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) on May 2, 2012 in Changwon District Court’s territorial branch, and was sentenced to a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) on January 11, 2018, and was sentenced to a probation order of KRW 3 million for a violation of the Road Traffic Act (driving) on September 18, 2019.

【Criminal Facts】

On April 25, 2020, the Defendant, while under the influence of alcohol, driven the EHJ125T-10A 124C occ under the influence of alcohol while under the influence of alcohol without obtaining a motorcycle driver’s license from the front parking lot B at macroo-si to the Driju’s roads located in the city, from about 3km to the Driju’s station located in macroo-si, and driven the eHJ125T-124C 124cc.

Summary of Evidence

1. Legal statement, report on the results of the influence of drinking and driving, and the register of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, probationary reports (A), investigation reports (applicable to the same type of crime records, and fact-finding during the period of suspension of execution);

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

1. The scope of applicable sentences under the law for sentencing under Article 40 and Article 50 of the Commercial Concurrent Punishment Act: The sentence of imprisonment with prison labor for a period of one year to two years, and a decision not to set the sentencing guidelines under Articles 53 and 55(1)3 of the Criminal Act: The sentence of the Defendant is inevitable in light of the following: (a) the sentence of imprisonment with prison labor for a period of one year to one year; (b) the suspended sentence was sentenced; (c) the drinking and non-licensed driving was conducted again during the suspended sentence period; and (d) the degree of blood alcohol level recognized and the circumstances leading to driving; and (c) the sentence of the Defendant’s sentence is inevitable

Otherwise, it is revealed in the trial process of this case, such as the fact that the Ototob is driving, the defendant's like records, the defendant's age, character and behavior, environment, family relationship, etc.