However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

On February 22, 2012, the Defendant issued a fine of three million won for a crime of violation of the Road Traffic Act at the Gwangju District Court on February 22, 2012, and on July 17, 2019, the Defendant was issued a fine of three million won for the same crime in the wooden Branch of the Gwangju District Court.

Criminal facts

On August 2, 2020, the Defendant, without obtaining a driver’s license on August 2, 2020, driven an Eenz E300 vehicle from approximately 2 km to Dh class road in the same city as the blood alcohol concentration of 0.10% under the influence of alcohol at a 0.10%.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act not less than twice and not more than once a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of an alternative imprisonment with prison labor under Articles 40 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Probation under Article 62-2 of the Criminal Act;