However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

On October 5, 2015, the Defendant was issued a summary order of KRW 4 million by the Suwon District Court for a crime of violation of the Road Traffic Act.

On July 12, 2019, at around 23:55, the Defendant driven an E-3 vehicle while under the influence of alcohol with a blood alcohol concentration of 0.057% without obtaining a driving license from around 200 meters in the section of approximately 200 meters from the roads near Kimpo-si B to the roads near D in the same city.

Accordingly, the defendant has been driving a motor vehicle more than twice in violation of the Road Traffic Act (driving) and at the same time, without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (one time, two times);

1. The circumstantial statement of the employee;

1. Report on the situation of operation without a license;

1. Part which is applied as a result of the drinking driving control;

1. Inspection of driver's licenses;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (verification of the same kind of power) and attachment summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the same Act concerning the 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. The fact that community service and lecture attendance order were subject to criminal punishment for the reasons of sentencing under Article 62-2 of the Criminal Act and did not have been re-issued after the driver's license was revoked, the sentence shall be determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and behavior, environment, circumstances of crime and circumstances after crime, etc.