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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
[criminal power] On March 12, 2012, the Defendant issued a summary order of KRW 1,50,000 for a fine of KRW 1,50,000 for a violation of the Road Traffic Act, on October 31, 2012, a summary order of KRW 3,50,000 for a fine of KRW 3,50,00 for the same crime at the Suwon District Court, on May 30, 2013, and on May 30, 2013, a summary order of KRW 7,00,000 for a fine of KRW 1,50 for the same crime, respectively, at the Suwon District Court on April 24, 2018.
【Criminal Facts】
1. Around 01:34 February 21, 2020, the Defendant was demanded to respond to a drinking test by inserting the vehicle under the influence of alcohol, such as making a large amount of smells and a large amount of smells on the face, and making a large amount of smells and a large amount of drinking on the face, and making a cross-signing sign, etc., while under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving of the vehicle under the influence of alcohol, such as making the vehicle under the influence of alcohol, the Defendant was in compliance with the drinking test by inserting the breath in the influence measuring machine.
However, the Defendant did not comply with a police officer’s demand for alcohol testing on three occasions from 01:56 to 02:10 on the same day, and did not comply with the police officer’s demand for alcohol testing without justifiable grounds.
As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.
2. Around February 21, 2020, the Defendant, at around 01:34, operated a car re-driving without obtaining a driver’s license in a section of about 2 km from the knive parking lot located in Songpa-gu Seoul, Songpa-gu to the front of the shooting distance of the Taemo-gu as stated in paragraph (1).
Summary of Evidence
1. Defendant's legal statement;
1. Previous records of judgment: Criminal records, inquiry reports, and the application of Acts and subordinate statutes reporting criminal investigations;
1. To refuse to repeatedly take measurements of alcohol under Article 148-2 (1) and Article 44 (2) of the Road Traffic Act in relation to the relevant criminal facts and the choice of punishment;