A defendant shall be punished by imprisonment for a term of one year and two months.

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 May 20, 2010, the Defendant received a summary order of a fine of KRW 2 million for a violation of the Road Traffic Act from the Seosan Branch of the Daejeon District Court on May 20, 2010. On July 27, 2018, the Defendant received a summary order of KRW 4 million for a violation of the Road Traffic Act (driving) from the Seosan Branch of the Daejeon District Court.

1. On April 8, 2020, at around 23:50 on April 23, 2020, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments three times more than 10 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, and putting, on the face, a drinking-free driver, from a policeman belonging to the E-gu Police Station of the Chungcheongnamnam Police Station called up to 112 Report on the drinking driving.

Nevertheless, the Defendant refused to put the part of a drinking-free measuring instrument into a drinking-free measuring instrument, and failed to comply with a police officer’s request for a drinking-free measurement without justifiable grounds.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Around April 23, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the 2km section from the front of G at the time of Jin-si to the front parking lot of B apartment C-dong at the time of Jin-si without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of control and statement of the circumstances of the driver;

1. On-site photographs and CCTV images;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same type of power);

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 the noise level), 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), and selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;