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 September 12, 2017, the Defendant issued a summary order of KRW 700,000,000 as fine for a violation of the Road Traffic Act, and KRW 5 million as fine in the same court on October 10, 2018 at the same court on September 12, 2017.

On January 23, 2020, at around 05:42, the Defendant driven a B NAS car with approximately 500 meters away from the previous road of the Songcheon-si, Macheon-si, the Songcheon-si, in front of the Songcheon-do, in a state of alcohol alcohol concentration of about 0.097%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

On September 12, 2017, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 1,000 for a violation of the Road Traffic Act (driving) at the District Court of Jung-gu District on September 12, 2017, and a fine of KRW 5 million for a violation of the Road Traffic Act (driving on October 10, 2018), respectively. On February 10, 2020, the Defendant was prosecuted for a violation of the Road Traffic Act (driving on drinking) at the District Court of Jung-gu District.

(2020 Highest 467) On March 31, 2020, the Defendant driven a BNAS car without a car driver's license at around 04:09 with a blood alcohol concentration of 0.071%, and without a vehicle driver's license, at the front of a D cafeteria located in Scheon-si C, with the 144th of Scheon-si Seoul Highest Hacheon-si, the upper limit of the BNAS car.

Accordingly, the Defendant, while driving a motor vehicle more than twice, was driving a motor vehicle without a driver's license.

Summary of Evidence

[200 Highest 467]

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The photograph of a vehicle driven by a suspect after checking the control of drinking driving and reporting the situation of driving under the influence of alcohol;

1. Previous convictions in judgment: Criminal history records, reply reports (A) and investigation reports (2020 highest 1843);

1. Defendant's legal statement;

1. The register of driver's licenses made after checking the control of drinking driving;

1. Previous convictions in judgment: Inquiries, reports on the progress of cases, and the application of Acts and subordinate statutes to the indictment;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of sound driving) of the corresponding Act concerning the facts of the crime, and the Road Traffic Act.