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 three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 29, 2019, the Defendant was sentenced to a fine of KRW 7 million for a violation of the Road Traffic Act at the Daejeon District Court.

On June 13, 2020, at around 01:10, the Defendant driven CNS car without obtaining a driver's license from the section of about 10km from the area of the Daejeon Seo-gu, Daejeon to the front road of the Dong-gu, Dong-gu, Dong-gu, and without obtaining a driver's license, with a blood alcohol concentration of about 0.134%.

As a result, the defendant driving an automobile without obtaining a driver's license, and at the same time, violated the prohibition of driving under the influence of alcohol more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), results of the control of drinking and driving, and examination site photographs of the register of driver's licenses;

1. Previous records: The results of inquiry, investigation reports (Attachment to the suspect's punishment records, court records of drinking driving, etc.), and application of Acts and subordinate statutes to the personal confinement status;

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. Selection of a sentence of imprisonment with prison labor chosen for an ordinary concurrent crime under Articles 40 and 50 of the Criminal Act (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment)

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 of Article 62-2 of the Criminal Act on the grounds of the crime of this case, at the time of the crime of this case, the Defendant’s blood alcohol content was relatively higher than 0.134%, and at the time of crackdown, the Defendant was in a high level of drinking, such as a very inaccurate and deep distance.

Nevertheless, the defendant was driving a motor vehicle under the driver's license and without the driver's license, and without using headlights, it is dangerous that the occurrence of a traffic accident occurred on the road.