A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

[2018 Highest 3352] On August 17, 2018, the Defendant driven from the Do in front of the B elementary school located in Gwangju North-gu without a driver’s license to the 4km high-class Ⅲ in front of the exit road 985, as the regular manager of the Seo-gu, Seo-gu, Gwangju.

[2018 Highest 4349] On October 12, 2018, the Defendant driven the above cargo vehicle at 30 meters from the Do in which the number of 0.151% of blood alcohol level cannot be known under the influence of alcohol level without a vehicle driver’s license, to the front road located in Gwangju Mine-gu D, from the Do in which it is difficult to identify the parcel number below the 0.151% of blood alcohol level.

Summary of Evidence

[2018 Highest 3352]

1. Defendant's legal statement;

1. Report on the situation of operation without a license;

1. The register of driver's licenses (2018 Highest 4349);

1. Defendant's legal statement;

1. A written statement;

1. On-site photographs;

1. The circumstantial statement of the employee;

1. Application of the Act and subordinate statutes to the ledger of driver's licenses (Evidence No. 10);

1. Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts of the crime (the point of a sound driving) of the corresponding Act;

1. Articles 40 and 50 of the Criminal Act (the crimes of violating the Road Traffic Act on October 12, 2018 and the crimes of violating the Road Traffic Act on October 12, 2018) of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Taking into account all the circumstances, such as the fact that the defendant committed each of the instant offenses even though he/she had a previous conviction for the reason of sentencing under Article 62-2(1) and the main sentence of Article 62-2(2) of the Criminal Act and Article 59 of the Probation, etc. Act, the fact that the defendant committed all the instant offenses, the fact that he/she did not have the same criminal record as