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

On October 18, 2018, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court as a crime of violation of the Road Traffic Act.

On October 24, 2019, the Defendant, without obtaining a driver’s license on October 24, 2019, driven a F food car from around 300 meters from the front side of the “C” in the Gwangju Mine-gu, to the E-road in the same Gu, while under the influence of alcohol of 0.181%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

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

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant was punished for drunk driving in 2018 and committed the instant crime only one year, and there is a high possibility of criticism in that he/she committed the instant crime after the driver’s license was revoked due to the foregoing drunk driving, and the driving before acquiring the driver’s license was reduced. Accordingly, the Defendant is sentenced to imprisonment with prison labor.

However, the defendant has no record of punishment except for the above drunk driving record, the defendant has committed a discretionary mitigation considering the circumstances that may be considered in light of the circumstances such as the fact that he or she has divided his or her wrong facts, and the period of punishment shall be set within the scope of the punishment.