A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On June 25, 2002, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daejeon District Court on February 4, 2004, and was sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Daejeon District Court on March 24, 2004; on October 13, 2006, the Daejeon District Court sentenced 6 months of imprisonment with prison labor for a violation of the Road Traffic Act; on March 16, 201, the Defendant was sentenced to 30,000 won of imprisonment with prison labor for a violation of the Road Traffic Act; on November 11, 2014, the Defendant was sentenced to 6 months of imprisonment with prison labor for a violation of the Road Traffic Act or a fine of 300,000 won for a violation of the Road Traffic Act.

피고인은 2019. 7. 28. 18:55경 위와 같이 음주운전 금지 규정을 위반한 사실이 있음에도 불구하고, 원동기장치자전거면허를 받지 아니하고 혈중알콜농도 0.191%의 술에 취한 상태로 서산시 B에 있는 C 앞 도로에서 무등록 효성 랠리 오토바이(49cc)를 5m 가량 운전하였다.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Blue boxes and CCTV video CDs;

1. Requests for appraisal;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (report on confirmation of criminal records of the same kind of suspect);

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

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation is that the defendant had a history of having been sentenced to imprisonment due to drinking driving, etc. on several occasions, he/she driven a motor vehicle without a license under the influence of alcohol.

However, the defendant's mistake.