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 September 29, 2010, the Defendant received a summary order of KRW 1.5 million from the Gwangju District Court to a fine of KRW 1.5 million for a violation of the Road Traffic Act, and a summary order of KRW 3 million from the same court to a fine of KRW 1.5 million for the same crime.

【Criminal Facts】

On August 14, 2019, the Defendant, without obtaining a driver’s license on August 20:42, 2019, driven a DNA car at approximately 1km from the front of the road located in B in C in C in C in C in C in C in the City of C in the City of C, to the front of the “nandok Road” located in 109 C in C in C in the same City of C. 109.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice, and at the same time, operated the vehicle without obtaining a driver's license.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc., are that the Defendant already been punished by drinking alcohol for three times: 0.115%, 0.11%, 0.091%, and 0.091%, despite the fact that he/she had been punished by drinking alcohol, he/she is also subject to imprisonment in that he/she is relatively high in the blood alcohol concentration (0.12%) at the time.

However, as seen earlier, the defendant is not guilty of a fine due to drinking driving.