A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On November 29, 2016, the Defendant was sentenced to a suspended sentence of two months for the violation of the Road Traffic Act and the violation of the Road Traffic Act (unlicensed Driving) in the Gwangju District Court Support on November 29, 2016, and the judgment became final and conclusive on November 1, 2017. On December 22, 2017, the same court was sentenced to a suspended sentence of two years for a suspended sentence of ten-month for a violation of the Road Traffic Act and a violation of the Road Traffic Act (unlicensed Driving) and became final and conclusive on December 30, 2017.

【Criminal Facts】

On June 3, 2019, the Defendant, without obtaining a motorcycle driver’s license around 10:40 on June 3, 2019, driven approximately 1 km section from the front side of the Yananannam-gun to the front side of the D cafeteria located in C, while under the influence of alcohol by 0.141%.

A person who has violated the prohibition of drunk driving not less than twice, once again drives a motorcycle while under influence of alcohol in violation of the said prohibition, and simultaneously drives a motorcycle without obtaining a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A detailed statement concerning internal investigation reports, reports on the results of the control of drinking driving, circumstantial statements of drinking drivers, investigation reports, vehicle driving licenses, records of vehicle driving licenses, and 112 reported cases;

1. Investigation report (the sending of security guards to the CE box and the statement of reasons for measuring alcohol level);

1. Previous records of judgment: Criminal records and other inquiries, investigation reports, and application of Acts and subordinate statutes, such as judgment, etc.;

1. Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018 and enforced June 25, 2019); Article 154 subparagraph 2, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act with heavier punishment).