A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[2019 Highest 2598] On May 1, 2019, the Defendant driven an E rocketing vehicle not covered by mandatory insurance without obtaining a driver’s license from around 8 km section from the roads near the Namyang-gun B to the roads near the DNA funeral hall located in the same Gun C.

[2019 Highest 5169] On October 24, 2017, the Defendant received a summary order of KRW 5 million from the Gwangju District Court to a fine of KRW 5 million due to a violation of the Road Traffic Act (driving). On August 2, 2018, the same court received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving).

On October 30, 2019, at around 01:45, the Defendant driven a H SP car under the influence of alcohol leveling 0.250% of alcohol level without obtaining a driving license for about 20 meters from the front of the F building in Chungcheongnam-gun, Nanyang-gun to the front of G road.

Accordingly, the defendant did not obtain a driver's license and violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

[2019 Highest 2598]

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Mandatory insurance inquiries (2019 high-class 5169);

1. Defendant's legal statement;

1. Notification of the results of drinking driving control and inquiry of the results of drinking driving control;

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiries, such as criminal records, investigation report (including confirmation of the same kind of force (including attached Form three copies of summary order)), and statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (hereafter referred to as "driving without Permission"), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act (hereafter referred to as "operation without mandatory insurance vehicles");

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (limited to the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (free License) as of October 30, 2019, and punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

1. Imprisonment with prison labor for each choice of punishment;