A defendant shall be punished by imprisonment for a term of one year and four 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 June 1, 2012, the Defendant received a summary order of KRW 3.5 million as a crime of violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

1. Around 03:10 on September 13, 2019, the Defendant was driving a C-rop vehicle without obtaining a driver’s license in the section of about 5 km from the front of the road in Taean-gun, Chungcheongnam-gun, Taean-gun to approximately 500 meters away from the intersection of the national highways No. 32 in Taean-gun, Taean-gun, Taean-gun.

2. Around 03:10 on September 13, 2019, the Defendant violated the Road Traffic Act (i.e., the refusal to measure the noise level) (i., the Defendant driving a C Orler vehicle and driving the national highway No. 32 on the route from the intersection to the intersection of the west-gun, Chungcheongnam-gun, Chungcheongnam-gun, the west-gun, and (ii) caused an accident on the side of the road.

The defendant was requested to take a drinking test on the grounds that there are reasonable grounds to deem that he was driving a motor vehicle under the influence of alcohol, such as a heavy distance, etc., from a police officer of the Taean Police Station D District Police Station called to the scene at around 03:27 on the same day, and the defendant was in the influence of alcohol from the defendant's entrance, but tried to leave the site without any identification card, and failed to comply with the police officer's request for a drinking test by explicitly refusing a drinking test.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. A report on the actual state of the driver;

1. Control note;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (attached to the suspect's previous records and copies of summary orders);

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 of the Criminal Act for discretionary mitigation.