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 becomes final and conclusive.

Punishment of the crime

On May 13, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million due to a violation of the Road Traffic Act.

1. On October 12, 2019, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) (e., the Defendant received a demand to respond to the measurement of alcohol by inserting it into a drinking measuring instrument three-minutes between approximately 30 minutes, on the grounds that there are reasonable grounds to suspect that he/she was driving under the influence of alcohol while driving a Dratf vehicle while drinking alcohol in a state of drinking, the Defendant was in compliance with the alcohol test by inserting it into a drinking measuring instrument three-minutes.

However, the Defendant avoided drinking so that he did not comply with the drinking test by a police officer without any justifiable reason.

Accordingly, the defendant violated the provision that he shall not drive a vehicle while under the influence of alcohol, or the provision that he shall not refuse to take a drinking test by a police officer not less than twice.

2. Around 23:45 on October 11, 2019, the Defendant driven a D-confluoring car without obtaining a driver’s license from the front of the “G cafeteria” road located in the F in Macheon-si to the front of the “IMour” road located in Macheon-si H.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, investigation report (report on the circumstances of drinking drivers), and report on the state of drinking driving;

1. Report on the situation of operation without a license, and the register of driver’s licenses;

1. Application of Acts and subordinate statutes on criminal records, etc., checking drinking records, and summary orders;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) and (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Violation of Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crime of running a motor vehicle driving).