A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 17, 2012, the Defendant was sentenced to a fine of 4,00,000 won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on February 17, 2012, and on December 26, 2014, the Defendant was sentenced to a suspended sentence of 2 years for October due to a violation of the Road Traffic Act (driving) in the same court on June 17, 2015, and the said judgment became final and conclusive on the 25th of the same month.

On May 2, 2015, at around 20:0, the Defendant driven CV125B Mababa without obtaining a motorcycle driver’s license in the 2km section of approximately 0.169% alcohol concentration from the central market located in Daejeon Dong-dong, Daejeon to the road in front of the licensed real estate agent for the fish-transmitting village in the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of each host driver and report on the circumstances of the host driver;

1. Registers of driver's licenses;

1. Requests for appraisal;

1. Records before judgment: Application of inquiry reports and investigation reports (a copy of judgment attached) including criminal records, etc.;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, subparagraph 2 of Article 154 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving a motorcycle without obtaining a license for driving a motorcycle);

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

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The risk of repeating a crime by committing the same kind of crime without being aware of the final judgment of the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act and the final judgment of the court for discretionary mitigation, considering all the conditions of sentencing, such as equity in the case of being tried at the same time as the final judgment of the court for discretionary mitigation, motive and circumstance leading to the crime, the defendant's age and behavior environment, etc.