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.

Punishment of the crime

[2017 Highest 1376]

1. On September 2, 2017, the Defendant: (a) driven a D-wing truck under the influence of alcohol with a blood alcohol concentration of 0.158% from a section of about 500 meters around Jeju-si to the front road of Jeju-si without obtaining a driver’s license on September 2, 2017; (b) the Defendant driven a D-wing truck under the influence of alcohol with a blood alcohol concentration of 0.158%.

2. On September 2, 2017, when the Defendant was discovered to drive under influence on the front of C at the Jeju Island on September 2, 2017, the Defendant: (a) stated the name and resident registration number of the F, who is the seater E, belonging to the Jeju Western Police Station; and (b) signed the F, which was presented by the said E, on the side of his name, for the purpose of exercising the name and resident registration number.

Accordingly, the Defendant forged F’s signature for the purpose of exercising the right.

3. The Defendant, at the time and place specified in paragraph (2), issued to the above E, as if he were actually aware of the fact, PDA for the Regulation of Drinking Driving with a forged signature as stated in paragraph (2), and exercised it.

[2019 Highest 1031] On April 20, 2019, the Defendant driven a d-wing truck at a section of about 100 meters from the 100-meter to the “J” located in Jeju G without obtaining a driver’s license on April 10, 2019.

Summary of Evidence

[2017 Highest 1376]

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. A written report from an employee of an employer;

1. Investigation report (F counterpart telephone report);

1. Inquiry into the results of the control of drinking driving;

1. The register of driver's licenses (A) (2019 Highest 1031);

1. Defendant's legal statement;

1. Application of the statutes on the register of driver's licenses;

1. Article 239(1) of the relevant Act of the Criminal Act for criminal facts (the fact of private signature) and Article 239(2) and Article 239(1) of the Criminal Act (the fact of exercising the above investigation signature) of the same Act, Articles 148-2(2)2 and 44(1) of the former Road Traffic Act (amended by Act No. 15530, Mar. 27, 2018); Articles 152 subparag. 1 and 43 of the Road Traffic Act (the point of driving without a license).