A defendant shall be punished by imprisonment for not less than one year and six months.

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

On July 4, 2018, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act (driving) from the Sungnam Branch of Suwon District Court on July 4, 2018, and a fine of KRW 3 million in the same court on January 21, 2019, respectively.

(Criminal Facts)

A. On August 31, 2019, at around 02:05, the Defendant violated the Road Traffic Act (Driving without a license) and the Road Traffic Act (driving without a license), the Defendant driven B K3 cars while under the influence of alcohol by 0.129%, without obtaining a driver’s license, at a section of about 15km in the direction of the Seoul and the outer cycle Highway located in the Gu of Manam-si from Seocheon-si to the point of 126km above the Seoul and the decentralization road.

B. The Defendant is a person who is engaged in driving the said car.

As above, the Defendant driven the said car under the influence of alcohol without obtaining a driver’s license as above, and driven the said car along the four-lane road of 126 km away from the boundary of the Cheongncheon-gu, Sungnam-si along the intersection of the Cheongnnam-si.

At that time, the Defendant followed the DV car driven by the victim C(the age of 62) prior to the same direction. Therefore, the Defendant had a duty of care to prevent accidents by accurately manipulating the brake and steering gear in advance.

Nevertheless, under the influence of alcohol, the Defendant neglected to do so and received the back part of the car driven by the victim as part of the front part of the car driven by the Defendant due to the negligence of taking a speed pedal instead of the balk pedal.

As a result, the Defendant suffered salt, tension, etc. from the victim due to the above occupational negligence for about three weeks.

Summary of Evidence

1. Defendant's legal statement;

1. C.