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 became final and conclusive.

Punishment of the crime

[criminal power] On June 8, 2009, the Defendant was sentenced to a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) at the Busan District Court, etc. on September 28, 2016, and sentenced to a fine of KRW 8 million for a violation of the Road Traffic Act (driving) at the Daegu District Court on September 28, 2016, and on May 19, 2017, the Defendant was sentenced to a suspended sentence of three years for a year of imprisonment for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on May 19, 2017.

【Criminal Facts】

1. On March 10, 2019, the Defendant was driving a freight vehicle under the influence of alcohol level 0.137% while under the influence of alcohol level 0.137%, without obtaining a driver’s license from the front of “C” in Seosan-si B to the front of “E” in the same city D.

As a result, the defendant, even though he had a history of punishment for drinking driving not less than twice, has driven a motor vehicle while under the influence of alcohol, while driving a motor vehicle without obtaining a driver's license.

2. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile on a road which is not covered by mandatory insurance;

Nevertheless, the Defendant, at the time and place specified in Paragraph 1, driven the foregoing cargo vehicle that was not covered by mandatory insurance.

Summary of Evidence

1. The driver's license register of the driver's license (A) of the accused's legal statement, statement and circumstantial statement notification as a result of the control of drunk driving;

1. Previous records: Application of criminal records and other inquiries and other Acts and subordinate statutes;

1. Relevant law for criminal facts: Article 148-2(1)1, and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 152 Subparag. 1, and Article 43 of the Road Traffic Act (the point of a driving without a license); 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.