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

[criminal power] On June 9, 2017, the Defendant was issued a summary order of KRW 4 million by the Seoul Eastern District Court for the crime of violation of the Road Traffic Act, and a summary order of KRW 7 million by the same court on November 10, 2017, respectively.

【Criminal Facts】

1. Around 07:30 on May 9, 2020, the Defendant violated the Road Traffic Act (e.g., refusal of the measurement of drinking), the Defendant was under the control of drinking by C during the circumstances belonging to the Gangnam-gu Seoul Gangnam Police Station.

당시 D 레인지로버 자동차가 테헤란로 도로 1차로에 정차되어 있다며 음주운전이 의심된다는 112신고가 접수되었으며, 출동 당시 피고인이 위 차량 운전석에 앉아 잠이 든 상태였고, 피고인으로부터 술 냄새가 심하게 나고, 눈이 빨갛게 충혈 되고, 혀가 꼬여 발음이 부정확하는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 위 경찰공무원으로부터 약 10분 동안 3회에 걸쳐 호흡측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받고도 응하지 아니하였다.

Accordingly, the defendant refused to drive a drinking or to measure drinking more than twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a temporary border driving license as stated in paragraph (1) and driving the said vehicle at the section of approximately 2.5 km from the vicinity of the Gangnam-gu Seoul High Tridong Financial Settlement Agency to the front road B of the same Gu.

Summary of Evidence

1. Defendant's legal statement;

1. Results of refused measurement, video CD reproduction;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. On-site photographing photographs, and notification sheet of 112 reported cases;

1. Criminal records as indicated in the judgment: Application of criminal records, inquiry reports, investigation reports (two times the same kind of power), and copies of each summary order under Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (a point of refusing to measure secondhand alcohol), and subparagraph 1 of Article 152 of the Road Traffic Act;