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

On July 9, 2014, the Defendant was issued a summary order of KRW 1.5 million at the Seoul Northern District Court for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and KRW 4 million for the same crime at the Gwangju District Court on July 9, 2018.

On May 20, 2020, the Defendant, while under the influence of alcohol of 0.154% of blood alcohol level around 23:56, the Defendant driven a Crenren car without obtaining a driver’s license from the front side of the Fluxal Month located in Seo-gu, Seo-gu, Gwangju to approximately 100 meters from the front side of the B apartment to the front side of the same Gu.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of the driver without any license:

1. The register of driver's licenses for automobiles notified as a result of drinking control;

1. Previous records of judgment: Application of criminal records, inquiry reports, court rulings, and other Acts and subordinate 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. Probation, community service, or an order to attend the course of sentencing under Article 62-2 of the Criminal Act: (a) considering the Defendant’s history of committing traffic-related crimes due to not only drinking and unlicensed driving, but also driving again despite a number of times; and (b) the degree of blood alcohol concentration at the time of the instant accident, it is inevitable to choose imprisonment.

However, there are circumstances such as that the defendant has not been punished by a fine or heavier punishment due to drinking driving or unlicensed driving.

The reason why drinking driving was done, the distance and place of drinking driving, and the defendant's mistake.