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

1. On August 17, 2018, the Defendant was issued a summary order of KRW 4 million by the Gwangju District Court for a crime of violating the Road Traffic Act.

On December 20, 2019, at around 10:55, the Defendant was requested to respond to the alcohol alcohol measurement for about 15 minutes by a police officer without justifiable grounds, even though there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling, smelling, drinking, and red-lighting, on the national highway No. 49 of the 49, Jinsan-ro in Gwangju Mine-gu, Gwangju, with a report that a drinking driver was in possession of the drinking driver, the Defendant did not comply with the alcohol measurement of a police officer without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

2. On December 20, 2019, the Defendant driving a F QM5 car from approximately 20km section from the front side of the road located in Gwangju Seo-gu without obtaining a driving license around 10:30 on December 20, 2019 to the national highways located in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (related to the time when the week measurement is requested);

1. A traffic accident report;

1. A report on detection of a host driver;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes of a summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

1. Article 62 (1) of the Criminal Act on probation;

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime of refusing to take a drinking test while driving a motor vehicle again only one year after he/she was punished for drinking driving, without a driver’s license.