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

Punishment of the crime

On November 11, 2010, the Defendant was sentenced to imprisonment with labor for a violation of road traffic law in the Gwangju District Court's support on November 1, 201 to six months, and on October 30, 201, the Defendant was sentenced to imprisonment with labor for one year for the same crime and two years for one year for one year for the same crime.

On March 30, 2018, the Defendant, at around 19:20, operated a motor bicycle in a section of about 30 meters from the 13-1st day of the Yanjin-gun, Gangnam-gu, Gangnam-gu, Jinnam-do to the 15th day of the Matern of the same Eup/Myeon, without obtaining a bicycle driver’s license, and operated a C SU125 motor bicycle under the influence of alcohol content of 0.17% while under the influence of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (related to the large weight of the above dmark official body, on-site photographs, etc. related to the driving of suspect drinking;

1. Survey report, on-site photographs and explanation, copies of notification of the results of crackdown on drinking driving, and the register of driver's licenses;

1. Inquiry about criminal history, copy of judgment, and application of statutes of a summary order;

1. Article 148-2 subparag. 1, Article 44 subparag. 1 of the Road Traffic Act (the point of drinking alcohol), Article 154 subparag. 2, and Article 43 of the Road Traffic Act (the point of driving without a license for motor device) concerning facts constituting an offense;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the grounds for sentencing) of the Act on the Mitigation of Small Quantity and all the conditions of sentencing as indicated in the records and arguments, including the Defendant’s age, sex, environment, circumstances before and after the instant crime, and the circumstances before and after the instant crime, shall be determined as ordered by taking into account the following factors.

The elements of favorable sentencing: The defendant has led to the confession of the crime of this case, the defendant suffers from the existence of alcohol requiring treatment, etc., and has been able to avoid the intention of treatment.

The factors of sentencing disadvantageous to the defendant are five times before driving alcohol (the defendant).