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

1. Around 05:10 on June 30, 2020, the Defendant driving a fcellto vehicle without obtaining a driver’s license from the front side of the road located in Ansan-si Group B, Ansan-si to the front side of the E training center located in the same Gu D from about 4km to the road.

2. On July 6, 2012, the Defendant was issued a summary order of KRW 1 million for a fine of KRW 5 million for a violation of the Road Traffic Act at Ansan District Court’s Ansan Branch on the same day, and on August 5, 2019, the same court received a summary order of KRW 4 million for the same crime.

On June 30, 2020, the Defendant, around 05:30 on Jun. 30, 2020, set up a vehicle in front of the road at the E training center located in Ansan-si, a member-gu, E, A, in front of the road, and set the automatic transmission line into D.

Accordingly, “A vehicle that has been operating on the road, among the roads, has been reported 112 and sent to the site by a police officer who belongs to the G police station of the Gyeonggi-do Police Station.”

The above H had reasonable grounds to recognize that the Defendant driven the said car while under the influence of alcohol, such as smelling, snowing, etc., and accordingly, the Defendant demanded that the Defendant comply with the measurement of alcohol by inserting the breath in a manner that makes it difficult for the Defendant to take the breath during a total of four times (one time: 05:32 June 30, 2020: 05:37: 05:42; 05:4: 05:47) and 05:47). However, the Defendant did not comply with it without justifiable grounds while the Defendant stated that “I, I, a breath,” and rejected it.

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Investigation report on the defendant's legal statement, investigation report (report on the circumstances of the driver), internal investigation report on the use register of drinking measuring instruments, and the register of driver's license for motor vehicles

1. Previous records before ruling: Application of criminal records, inquiry reports, investigation reports (verification of past records, such as driving, etc.);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;