A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

[criminal history] On March 23, 2009, the Defendant was issued a summary order of KRW 2 million for a crime of violating road traffic law in the Hongsung Branch of the Daejeon District Court, and on May 20, 2016, the Defendant was sentenced to six months of imprisonment for a violation of road traffic law in the official housing support of the Daejeon District Court, and completed the execution of the sentence on November 17, 2016 by the branch of the Daejeon District Court.

[2] Although Defendant 1 had been punished twice or more due to drinking driving, Defendant 2 operated D large-scale 110CC engine equipment under the influence of alcohol with approximately 70 meters alcohol concentration at approximately 0.192%, without obtaining a bicycle driver’s license from the Defendant’s house located in Chungcheongnam-nam Budget-gun B on July 8, 2017 to the front road of the same military salary 1:24, Hanyang-do, Hanyang-do, at the end of the Defendant’s house located in Chungcheongnam-nam Budget-gun, D large-scale 110CC engine equipment under the influence of alcohol, without obtaining a bicycle driver’s license from around 70 meters through C.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. Statement of the circumstances of the driver at the main driver, report on the detection of the driver at the main driver, report on the situation of the driver at the main driver, investigation report (Evidence No. 6, 10), and the register of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries about criminal history, investigation reports (Evidence List No. 18), and judgment text;

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 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. In full view of the circumstances below the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and all the conditions of sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined.

The crime of this case is committed during the period of repeated crime due to the same crime that is committed when the crime of this case is committed, and that it is a crime driving a motor device bicycle.