"2019 Highest 1181"

1. On May 11, 2017, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for violation of the Road Traffic Act at the Busan District Court’s Seo branch branch, and on December 6, 2018, the Defendant was investigated by drinking driving on or around December 6, 2018. However, on or around February 27, 2019 without a driving license, the Defendant driven an EM5 vehicle (hereinafter “instant vehicle”) from the C parking lot located in Gangseo-gu Busan Metropolitan City, Busan Metropolitan City to the entry of the Damocom parking lot in Gangseo-gu, Busan Metropolitan City to around 0.152% of alcohol level without a driving license.

"2019 Highest 1355"

2. At around 07:30 on May 9, 2019, the Defendant without a license driving license, driving the instant vehicle in a section of approximately 150 meters from the frontway in Busan Gangseo-gu to the Htel underground parking lot.

Summary of Evidence

"2019 Highest 1181"

1. Statement by the defendant in court;

1. A traffic accident report, a survey report on the control of drinking and driving, and a register of driver's licenses;

1. On-site photographs;

1. A criminal investigation report (a copy of a summary order of the same-class electric power attached), and the results of inquiry "201, 1355";

1. Statement by the defendant in court;

1. Application of the report on traffic accidents and the laws and subordinate statutes on the register of driver's licenses;

1. Relevant legal provisions concerning criminal facts: 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 (a point of driving without a license)

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (the punishment imposed on a violation of the Road Traffic Act and a violation of the Road Traffic Act of February 27, 2019, and a violation of the Road Traffic Act of February 27, 2019, with heavier punishment);

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [Violation of the Road Traffic Act and the Road Traffic Act as of May 9, 2019 (mutual crimes between driving without a license and the above crimes].