A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On July 10, 2012, the Defendant was sentenced to a suspended sentence of 8 months for a violation of road traffic laws at the Chuncheon District Court on July 10, 2012, and two years for a suspended sentence of 6 months for a violation of road traffic laws at the Chuncheon District Court on November 13, 2014. On September 29, 2016, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic laws at the Chuncheon District Court on December 31, 2016.

On July 22, 2017, the Defendant, at around 22:43, operated a motor motor device with the motor 124CC Baba (hereinafter referred to as 's inner name'), while under the influence of alcohol of about 0.139%, without obtaining a motor device bicycle license in approximately 5km section from the front E parking lot located in D before the Defendant’s house located in Gangwon-gu, Yangyang-gu, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on driving without a license, internal report (a photograph attached), inquiry into the results of crackdown on driving of drinking, notification of the results of crackdown on driving of drinking, the circumstantial statement of the driver under the influence of drinking, the driver's license register, the investigation report (a review as to whether the act constitutes a "motor vehicle with a driver's license" of this case)

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same judgment attached thereto) shall be made;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 (Punishment for a violation of the Road Traffic Act, which requires more severe punishment);

1. Selection of imprisonment with prison labor chosen;

1. The reason for sentencing Article 35 of the Criminal Act for aggravated repeated crimes is that the Defendant has already been punished several times due to a violation of the Road Traffic Act (drinking driving), and, in particular, even though he had been in the same crime, he did not engage in the crime again in the crime of this case. Furthermore, the alcohol concentration level at the time of this case does not lower.

Considering these circumstances, the sentence of sentence on the defendant is sentenced.