A defendant shall be punished by imprisonment for one year.

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

Criminal facts

On February 19, 2019, the Defendant was sentenced to a fine of KRW 4 million by the Daejeon District Court for a violation of the Road Traffic Act.

On January 24, 2020, the Defendant, without a driver’s license, driven a DNA car owned by the Defendant in a section of approximately 500 meters from 0.115 percent of alcohol level in the influence of alcohol level in the blood.

Accordingly, the Defendant, while driving a motor vehicle without a driver's license, violated the prohibition on drinking at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of criminal records, etc. 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. The reason for sentencing under Article 62-2 of the Criminal Act is a serious crime that causes serious harm to the life, body, property, etc. of an unqualified person. As such, the defendant, who committed the crime, should be held legally liable for the severe legal liability corresponding to the act. The defendant, who was sentenced to a fine for drunk driving as stated in the previous record of the judgment, was driving a drunk without permission for one year or longer since he was sentenced to a fine as stated in the previous record of the judgment. The defendant's blood alcohol concentration was very high at the time of the crime of this case, and the defendant's age, character, environment, motive and means of the crime, results, etc., and all the circumstances shown in the records and arguments of this case, including the circumstances after the crime, shall be determined as ordered by the disposition.