A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for a period of three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 19, 2006, the Defendant was sentenced to a suspended sentence of four months by imprisonment for a violation of road traffic law at the Gwangju District Court on October 19, 2006. On December 19, 2018, the Incheon District Court issued a summary order of three million won as a fine for a violation of road traffic law (drinking driving).

[Criminal Facts]

1. On August 27, 2020, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driving a DNA drinking vehicle from the roads front of the entrance of Jung-gu Incheon, Jung-gu to the C cafeteria parking lot located in the same Gu B, and after receiving 112 a report, the Defendant was driven under the influence of alcohol by the Defendant, such as a flow distance on the face, such as a motor vehicle under the influence of alcohol, from the police officer E belonging to the Jung-gu Incheon Central Police Station, dispatched after receiving 112 a report.

As there are reasonable grounds to determine a person, the same day was demanded from 23:51 to 0:03 of the following day to respond to the measurement of drinking alcohol by inserting the whole breath in three times on the same day.

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for measurement of drinking without justifiable grounds.

Accordingly, the Defendant violated Article 44(1) or Article 44(2) of the Road Traffic Act at least twice.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a DM car without obtaining a driver’s license at the time of the day set forth in paragraph 1 as above at approximately 50 meters.

"Criminal facts" / [22:49 on October 26, 2020, the Defendant driven a DNA string car at the 1km section of approximately 1 km from the roads located on the way of Incheon Southern Dong-gu, Incheon, in the shape of alcohol content of 0.187% at around 0.187% under the influence of alcohol during blood, without a driver's license, to the roads located on the same 382 as that of the former 382.

In this respect, the defendant is in the Road Traffic Act.