Defendant shall be punished by imprisonment for a term of one year and eight months.

Punishment of the crime

[criminal power] On December 6, 2018, the Defendant was sentenced to six months of imprisonment for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on June 6, 2019, and the execution of the sentence was terminated at the Kimcheon Juvenile Reformatory on June 6, 2019. On April 11, 2017, the Defendant was issued a summary order of KRW 500,000 as a fine for the same crime from the same support to the same crime, and on November 26, 2008, the summary order of KRW 1.5 million as a fine was issued.

【Criminal Facts】

At around 18:55 on November 5, 2019, the Defendant driven a DNA 100 motorcycle that is not covered by mandatory insurance without obtaining a driver’s license, in a section of approximately 1.5 km from the road located in the Gu, Si, Gu, Si, Si, Gu, Si, Si, Mao-Eup to the front road of C in the Gu, Gu, Si, Gu, Si, Gu.

Therefore, although the defendant had a record of punishment for drunk driving, he again driven the above motorcycle without obtaining a motorcycle driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Photographs of accident scene, inquiry into the results of the control of drinking and driving, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (verification of the same type power and repeated period) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, Article 154 subparagraph 2 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (a punishment imposed on a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Road Traffic Act, or a violation of the Road Traffic Act with heavier punishment);

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;