A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On February 23, 2011, the Defendant issued a summary order of a fine of one million won for a violation of the Road Traffic Act (driving) at the Changwon District Court’s Tongwon District Court’s branch on February 23, 201, and on May 6, 2011, the same court issued a fine of four million won for the same crime, etc., and on January 13, 2017, the Defendant was sentenced to a suspended sentence of two years for one year for the same crime, etc. at the same court.

On March 6, 2018, at around 20:20, the Defendant driven the EL125S motorcycle while under the influence of alcohol concentration of 0.093% without obtaining a motorcycle driver’s license from the front road in C, which is located in C, which is located in C, which is located in D, to the front road in D, the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control (A);

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of criminal records, reply reports (A), investigation reports (the records of the same kind as A of a suspect, and the facts during the suspension of execution) and statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 2 of Article 154 of the Road Traffic Act and Article 43 of the Road Traffic Act (the point of driving a non-licensed motorcycle);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of 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 for discretionary mitigation is that the defendant has already been punished four times or more due to the same kind of crime for the crime of drunk driving, as stated in the first head of the crime in the judgment, and the defendant committed the crime in this case without being aware of the suspension period due to the previous crime of drunk driving, such as the statement in the first head of the crime in the judgment. In light of these circumstances, the defendant requires a strict punishment by sentence against the defendant.

However, the defendant reflects, and the crime of this case is not a motor vehicle.