A defendant shall be punished by imprisonment for a term of one year and two months.

Punishment of the crime

On June 26, 2013, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act in an Ansan Branch of the Suwon District Court on June 26, 2013. On January 16, 2020, the Defendant was sentenced to imprisonment for one year and two years of suspension of execution.

1. On June 18, 2020, the Defendant: (a) around 16:38 on June 18, 2020, driven a motor bicycle with CDIO 125 km while under the influence of alcohol by 0.213%, without obtaining a license for a motor bicycle at a section of approximately 2.5km from the road in front of his residence in C, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun; (b) to the end of the middle school in the same 328-6, Taean-gu, Taean-gun, Taean-gun, Taean-gun.

2. Around September 26, 2020, the Defendant driven a motorcycle at around 19:45 on September 26, 2020, without obtaining a license for a motorcycle in the section of about 3 km from the road in front of his dwelling in Chungcheongnam-gun, Chungcheongnam-gun to the road in front of the same Gun, and driving a motorcycle under the influence of alcohol concentration of 0.189%.

As a result, the Defendant driven a motorcycle without obtaining a license for a motorcycle more than twice in total, and at the same time violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. The defendant's legal statement and the report of traffic accident;

1. An explanatory note and a manual for measuring drinking;

1. Report on the results of the control of drinking driving, and the circumstantial statement of each drinking driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports (Attachment to previous records and written judgments, etc.), written judgments, etc.;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (a point of driving under the influence of sound), subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act (a point of driving without obtaining a license);

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

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Discretionary mitigation Criminal Act;