Defendant shall be punished by imprisonment for a term of one year and six 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 August 20, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a fine of KRW 5 million as a fine for a violation of the Road Traffic Act at the Gangnam Branch of the Chuncheon District Court on July 1, 2015.

On December 4, 2019, at around 19:40, the Defendant driven a FK3 car without obtaining a driving license from the Do in front of the “C” located in the Bupyeong-gu Incheon, Bupyeong-gu, Incheon to the front of the road in the same Gu, from around 50 meters, and was demanded to comply with a drinking test by inserting the drinking measuring instrument four minutes in total from around 20:13 to about 20:28 of the same day on the same day on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, smelling, and ice I, who was dispatched to the site upon receiving a traffic accident report.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on detection of a host driver;

1. The driver's license ledger;

1. A photograph refusing measurement;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Binding of the same criminal records and the summary orders), and application of three copies of summary orders under Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license) of the Road Traffic Act, and the choice of imprisonment with prison labor;

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

1. Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.