A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 14, 2019, the Defendant was sentenced to a suspended sentence of one year and six months by imprisonment for a violation of the Road Traffic Act at the Gwangju District Court.

On November 30, 2019, at around 18:25, the Defendant driven FEAV AV AER on the front of a restaurant located in B in the State of LA while under the influence of alcohol of 0.140%, from around 100 meters to the front of the road located in D in the same city of the same city, without a motorcycle driver's license.

As a result, the Defendant violated the Article 44 (1) of the Road Traffic Act more than twice, and at the same time, driven a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A traffic accident report;

1. Registers of driver's licenses;

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. Previous records of judgment: Criminal records, inquiry reports, and application of statutes governing judgment;

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 (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances describing the reasons for sentencing) is that the Defendant was sentenced to a suspended sentence of one year and six months for a crime of violating the Road Traffic Act at the Gwangju District Court on November 14, 2019, but the Defendant committed the instant crime immediately after the judgment became final and conclusive (see, e.g., Supreme Court Decision 2009Do1448, Nov. 14, 2019). Thus, the Defendant is obliged to sentence imprisonment with prison labor for the same reason.

In determining the term of the punishment, the defendant's mistake is unfolded later, and the defendant's environment and family relationship are etc.