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 a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal history] On December 31, 2019, the Defendant received a summary order of KRW 8 million as a crime of violating the Road Traffic Act (drinking driving) at the Seo-gu District Court Branch Branch of the Daegu District Court.

[Criminal facts]

1. On May 26, 2020, Defendant 1 had the record of violating the duty of prohibition of driving under the influence of alcohol as above, Defendant 2 driven a motor vehicle under the influence of alcohol under the influence of alcohol, such as a 112 report from D on the bank located in Gyeongcheon-gun, Chungcheongnam-gun, Gyeong-gun on May 26, 202, that “a non-motor vehicle under the influence of alcohol has fallen into the dry field today, because the non-motor vehicle under the influence of alcohol was cut off from the bank.”

There are reasonable grounds to determine a person, and from 11:58 to 12:15 on the same day, 4 times from 11:50 to 12:15 on the same day, it was demanded to respond to the measurement of drinking alcohol by inserting the breathm in four times.

억울해서 측정을 못하겠다” 고 말하는 등 측정거부의 의사를 표시하고, 음주 측정기에 입김을 부는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰관의 음주 측정요구에 응하지 아니하였다.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

2. On May 26, 2020, the Defendant was driving a motor vehicle without obtaining a driver’s license from a section of about 1 km from the front of the Defendant’s residence in Gohap-gun F around 11:31, 202, to the bank road located in B, the Defendant was driving a motor vehicle without obtaining a driver’s license from a section of about 1km.

Summary of Evidence

1. A report on the occurrence of a traffic accident in the police statement protocol by the defendant's statutory statement G, a statement on the circumstances of the driver at the driving, and an investigation report on the driver's license ledger notified of the results of regulating drinking

1. A previous conviction: A written inquiry about criminal history and a report of investigation (the same type of force as the suspect).