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 29, 2007, the Defendant received a summary order of KRW 500,000 from the Seoul Western District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. The Defendant violating the Guarantee of Automobile Accident Compensation Act is a holder of two-wheeled automobile BVS125.

No automobile owner shall operate an automobile on the road on which no mandatory insurance has been subscribed.

Nevertheless, around 16:44 August 20, 2019, the Defendant operated the two-wheeled automobile not covered by mandatory insurance at approximately approximately KRW 136 meters from around 378, Yongsan-ro, Yongsan-gu, Seoul to the 373 Cheongpa-ro, Yongsan-ro, Seoul, Yongsan-gu, Cheongpa-ro, Seoul.

2. On August 20, 2019, at around 17:18, the Defendant was required to comply with a drinking test by inserting a drinking gauge into a drinking-free measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant under the influence of alcohol was driving under the influence of alcohol, such as smelling and smelling a two-wheeled vehicle, from C belonging to the Seoul Yongsan Police Station, who was called out after receiving a report from Yongsan-gu, Yongsan-gu, Seoul, Yongsan-gu that the Defendant 373 National Cemetery parking lot.

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

As a result, the Defendant violated the prohibition of drunk driving or the prohibition of refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Mandatory insurance policies;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of the Act on the Crime and Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise and the choice of imprisonment), which apply to the choice of punishment;