Defendant shall be punished by imprisonment for a term of one year and three months.

However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On November 20, 2012, the Defendant was notified of a summary order of a fine of KRW 4 million for the crime of violating the Road Traffic Act in the Seogu District Court's branch court on November 20, 2012. On October 12, 2017, the Defendant was sentenced to a suspended sentence of two years for imprisonment with prison labor for the same crime.

On July 19, 2020, at around 16:55, the Defendant driven a car in Emea while under the influence of alcohol of about 0.053% in blood alcohol concentration without obtaining a driver's license from around 6km to the front road of "D" located in Daegu Northern-gu C from the Do adjacent to the Do of Gyeonggu, Daegu-gu.

As a result, the defendant driving a motor vehicle without obtaining a driver's license, and violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Registers of driver's licenses and disqualified meetings of the main office;

1. Previous records of judgment: Criminal records, replys to criminal records, and application of Acts and subordinate statutes to the prosecution investigation report (verification of criminal records of the same kind);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act dealing with the settlement of conceptual concurrences;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Although there are many kinds of reasons for sentencing under Article 62-2 of the Probation Criminal Act, in full view of the fact that the control standards and statutory punishment have been greatly strengthened after the implementation of the current Road Traffic Act, and the fact that the driving of a drinking without a license seems to be the best enforcement after the enforcement of the Road Traffic Act, the punishment for the crime is unlikely to be somewhat weak and the risk of re-offending is likely to be dangerous and a strict warning is required: Provided, That the blood alcohol concentration level falls short of the criteria for revocation of license, and the age of 73 is likely to fall short of the criteria for revocation of license.