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

[Criminal Power] On December 11, 2012 and November 6, 2018, the Defendant received a summary order of KRW 1.5 million and a fine of KRW 4 million from the Gwangju District Court for each of the crimes of violation of the Road Traffic Act.

【Criminal Facts】

Although the Defendant had been under punishment twice or more for the violation of the Road Traffic Act, the Defendant driven BK7 car from the 200-meter section to the 210-meter road from the Dog-dong in Gwangju Mine-gu to the Health Insurance Review and Assessment Service located in the 210-meter road without a driver’s license on May 10, 2019, while under the influence of alcohol with a blood alcohol concentration of 0.12% without a driver’s license on May 10, 2019.

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. Registers of driver's licenses;

1. Criminal records: To refer to inquiries, and to the application of each summary order statutes;

1. Relevant Article 148-2 (1) 1, and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment imposed on each of the above crimes, and the punishment imposed on any violation of the Road Traffic Act of which punishment is heavier);

1. Selection of imprisonment with prison labor chosen;

1. Article 62(1) of the Criminal Act on the suspended execution (hereinafter “the grounds for the suspended sentence”), which takes into account the favorable circumstances

1. The reason for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on Probation, etc., even though the defendant had already been punished three times or more, he/she was engaged in drinking driving at the same time, and the amount of blood alcohol concentration is relatively high.

However, the fact that only the defendant has been sentenced to a fine, that there is no record of criminal punishment exceeding a fine due to a drunk driving, and that if the defendant is found to be guilty due to a drunk driving again, he will be sentenced to a punishment.