The punishment of the accused shall be determined by two years of imprisonment.

Provided, That the above punishment shall be imposed for three years after the judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On February 26, 2014, the Defendant was issued a summary order of KRW 3 million by the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

1. Around 18:50 on December 12, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving a gallon vehicle without obtaining a driver’s license from a C cafeteria located in B of the Jeonju-gun, Jeonbuk-gun, to a road located in approximately 3 km-ro 37 km-ro at night.

2. Violation of the Road Traffic Act (Refusal of measurement) provided that the Defendant caused a traffic accident while driving a vehicle with the above gallon at the time and place specified in paragraph (1) of this Article, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s snow was shocked, smelled, sniffed, sniffed, and walking at a gallon, and walked with the Defendant’s gallon Embs, which were dispatched after receiving the report, and thus, did not comply with the request without justifiable grounds even though the Defendant was demanded to comply with the measurement of alcohol by means of such means as inserting the ballon during three times from around 19:42 to 20:03 of the same day

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

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report on the actual condition of traffic accidents, site photographs of accidents, notification on the results of the control of drinking driving, drinking refusal photographs, and the register of driver's licenses;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (a summary order of the same type power attached) Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (2) and (1) (a) of the Road Traffic Act (a point of refusal to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of unauthorized Driving), the selection of imprisonment for each sentence;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act [the scope of the crimes of violating the Road Traffic Act with heavier punishment (the sum of the long-term punishments as stated in the crimes of refusal of noise measurement) shall be the same;