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

[Criminal Power] On December 24, 2010, the Defendant issued a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Gwangju District Court on December 24, 201, and on September 22, 2016, the Defendant was sentenced to a fine of KRW 5 million for the same crime in the same court.

【Criminal Facts】

On September 7, 2018, at around 04:40 on September 7, 2018, the Defendant driven a B Tydon car with a blood alcohol level of 0.160% under the influence of alcohol level of 0.160% without obtaining a driver’s license from the front side of the parking lot in the non-fluorial zone located in the city of Kimhae-si to the front side of the Central Highway located in the same city of the same city.

Accordingly, the defendant, who violated Article 44 (1) of the Road Traffic Act more than twice, was driving a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Report on the results of crackdown on drinking driving and the register of driver's licenses;

1. Suppression photographs;

1. Previous records of judgment: Criminal records, investigation reports (report attached to judgments, etc.), summary order, and application of each copy of judgment, and applicable statutes;

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

1. The punishment provided for in Articles 40 and 50 of the Criminal Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license).

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the stay of execution (hereinafter “the grounds for the remaining sentence”), which is favorable to the defendant;

1. Probation, community service order, and order to attend a lecture for sentencing under Article 62-2 of the Criminal Act, the crime of this case has not been licensed to drive motor vehicles even though the defendant had been punished twice or more for drinking driving.