A defendant shall be punished by imprisonment for two years.

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

[Criminal Power] On December 27, 2011, the Defendant was issued a summary order of KRW 3 million at the Busan District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On October 12, 2019, the Defendant was required to respond to a drinking test at least three times between 21 minutes on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking alcohol, drinking in the entrance, and red-lighting on the face, in the vicinity of the middle-sea highway located in the gender control point of the elderly north-gun of the city north-do, which is located in the middle-sea highway near the middle-sea highway where the traffic of the lower-way police agency and the side are parked along the two lanes and the traffic of the lower-way police agency called up after receiving 112 reports that the motor vehicle was parked along the two lanes and the side of the lower-way road.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds, such as "I swear", while being sealed by a drinking measuring instrument.

2. On October 12, 2019, at around 02:55, the Defendant operated an EMW car without obtaining a driver’s license in a section of about 30 km from the front of the Defendant’s company located in Kimcheon-si, Kimcheon-si to the elderly in the middlewest-si, which is in the process of organizing the gender of the Defendant’s company located in Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on arrest of a suspect who violates the Road Traffic Act;

1. Reporting on arrest of a suspect under the Road Traffic Act;

1. The circumstantial statement of the employer-employed driver and the circumstantial report of the employer-employed driver;

1. A report on the refusal of drinking alcohol measurement, or a report on the use of a drinking measuring instrument;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Results of inquiry and application of Acts and subordinate statutes; and

1. Relevant Article of the Act on the Crime, Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act (in the case of refusal of the measurement of noise and the choice of imprisonment), and Article 152 subparagraph 1 of the Road Traffic Act.