A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On April 17, 2013, the Defendant was sentenced to a fine of 6 million won for a violation of the Road Traffic Act (driving) in the Busan District Court’s Busan District Court’s Branch on April 17, 2013, and was sentenced to a suspended sentence of 6 months for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch on August 11, 2017, and the said judgment becomes final and conclusive on the 19th of the same month.

On October 27, 2018, at around 23:09, the Defendant driven a D large 49c motor bicycle under the influence of alcohol 0.127% under the influence of alcohol without obtaining a motorcycle driver’s license from the section of approximately 200 meters from the roads in front of the fluence in Sinsa City B to the roads in front of the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. The circumstantial statement of a drinking driver, the report on the control of drinking driving, the notification of the results thereof, and the measurement and output of drinking;

1. Registers of driver's licenses;

1. Operational photographs of the vehicle;

1. Previous convictions in judgment: Criminal records, references to criminal records, reports on criminal investigations (A), judgment, and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspended execution records);

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. The punishment is to be imposed once again while driving without a license during the period of suspension of the execution of imprisonment, due to driving without a license or refusal of drinking, etc., and, in addition, the punishment is to be imposed as ordered by considering all the records, including the blood alcohol concentration, driving distance, the defendant's age, character and behavior and environment, motive of the crime, circumstances after the crime, etc., and all of the sentencing conditions recorded in the records;