A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On December 22 and 15, 2018, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level) and refused to measure a drinking level by failing to comply with a drinking test four times without good cause even after receiving a request for a drinking test from a policeman affiliated with the Gangseo-gu Police Station C, who was under the joint control of drinking driving, in the situation where there are reasonable grounds to recognize that the Defendant driven a motor vehicle at Bursm ecological park in front of the Taedoan ecological park in Busan Gangseo-gu, Busan Metropolitan City, while driving the motor vehicle at the front of the Bursom ecological park.

2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant from the 2km section to the place specified in paragraph (1) on the front side of F real estate located in Gangseo-gu Busan, Busan, without a temporary border driver's license as stated in the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of violations of the Road Traffic Act;

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

1. Making a report on the control of drinking driving;

1. Application of the ledger of driver's licenses and the details of disposition for cancellation thereof;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [unfair circumstances] is that the crime of this case is not likely to be committed because the defendant's driver's license was revoked and the drinking was discovered while driving while the defendant was revoked and so drinking was reduced, and thus, the crime of this case is not committed.

The defendant has been punished for the six-time drinking driving so far, and the two-times of which have been punished for the suspension of the execution of imprisonment but again refused to take a drinking test in the state of non-license.