A. In a case where a driver’s license was revoked, the Defendant was not able to drive a drinking, and the Defendant was found not guilty in the first instance of the foregoing case.

Therefore, the cancellation disposition against the defendant is unfair, and the defendant did not have an intention to drive without the driver's license.

B. Sentencing is unfair because it is too unreasonable that the sentence imposed by the lower court (an amount of KRW 800,000) is too unreasonable for the Defendant.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, it is recognized that the Defendant was driving without a license, and that there was an intention to do so.

Therefore, the defendant's assertion of factual mistake is rejected.

① On November 15, 2015, the Defendant’s driver’s license was revoked due to a police officer’s refusal to take a lawful drinking test, and the Defendant was also clearly aware of such fact.

② The Defendant asserted not guilty in the foregoing case of refusal to measure drinking alcohol, and was pronounced not guilty in the trial on October 19, 2016.

However, on April 27, 2017, the appellate court reversed the judgment of the court below and sentenced the defendant to a fine of KRW 5 million, by recognizing the defendant guilty of refusing to measure drinking alcohol, and the appellate court of the above case was dismissed, but the appeal was dismissed, and the judgment of conviction became final and conclusive.

③ On April 5, 2016, the Defendant’s driving without the instant driver’s license was previously rendered a judgment of innocence on the first instance, and thus, there was considerable reason to believe that the Defendant had no validity of the revocation of the driver’s license.

shall not be deemed to exist.

④ There is no circumstance that the revocation of a driver’s license against the accused was revoked or withdrawn by an administrative agency in the administrative litigation procedure.

As long as the cancellation of the driver's license against the defendant is valid, the defendant's own disposition is unfair.