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

On July 19, 2018, the Defendant was sentenced to a fine of KRW 8 million due to a violation of the Road Traffic Act (driving) in the Gyeyang Branch of Suwon District Court.

On December 27, 2019, at around 23:05, the Defendant driven an E-Ad vehicle without obtaining a driver’s license in the state of alcohol concentration of about 500 meters from the road front of the convenience store located in GYB to the road front of the same Gu DV to the same Gu.

As a result, the defendant was driving at least twice, while driving without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Records of judgment: Criminal history records, inquiry reports, and application of court rulings or statutes;

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

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act with respect to the order to provide community service and attend lectures is deemed to have a history of driving under drinking, and the Defendant, whose driver’s license was revoked on March 22, 2018 due to drinking driving, is re-licensed or driven without a license, and the quality of the crime is not less light, but the numerical value of blood alcohol concentration due to drinking of this case is lower.

The Defendant had a record of having been punished three times due to drinking driving, etc., and was found to have been subject to a fine on January 2018 due to drinking driving, etc., and was again driving without a license or driving without a license in the instant case for which two years have not passed since he/she was found to have been subject to a drinking driving, etc.

However, it is against the defendant's recognition of the crime of this case and the defendant's records of drinking driving.