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

On December 6, 2018, the Defendant received a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Jung-gu District Court on December 6, 201.

1. On October 22, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) in the apartment house B at Yangyang-si, Namyang-si, the Defendant was required to comply with the measurement of drinking level by inserting it into a drinking measuring instrument three minutes for about 15 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a large amount of face D from the chill of the Gyeongginam Police Station affiliated with the Gyeongginam-do Police Station, which is under the influence of drinking while driving a vehicle CK5 vehicle while drinking.

Nevertheless, the Defendant avoided a drinking test and failed to comply with a drinking test by a police officer without any justifiable reason.

Accordingly, the defendant violated the provision that he shall not drive a vehicle while under the influence of alcohol, or the provision that he shall not refuse to take a drinking test by a police officer not less than twice.

2. Around October 22:15, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven CK5 automobiles without obtaining a driver’s license from the front of the E apartment to the front of the B apartment in Nam-si, Namyang-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Report on the situation of the operation without a license, records review (specific distance for operation without license), and output of the NNA map;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and summary orders issued by the District Court of the Republic of Korea, 2018 High Court Decision 1446;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), the selection of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.