Defendant shall be punished by imprisonment for a term of one year and four months.

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 December 5, 201, the Defendant issued a summary order of KRW 1,500,000 to a fine for a violation of the Road Traffic Act (driving) at the Seoul Western District Court on Seoul Western District Court on December 5, 201, and on November 23, 2018, a summary order of KRW 4,00,000 as a fine for the same crime was issued.

Around 20:10 on September 4, 2020, the Defendant, while driving CM7 car on the front side of Eunpyeong-gu Seoul Metropolitan Government on the road, was controlled by the signal violation by the D Horse Police Station D Horse, E, and F. On the other hand, the Defendant was required to comply with the drinking measurement by inserting the drinking measuring instrument three minutes from around 20:44 to around 21:02 on the same day, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as smelling, sniffing, grhing, and rhhing, while driving the CM7 car on the front side of Eunpyeong-gu Seoul Metropolitan Government.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without justifiable grounds, such as refusing to disclose his/her personal information and refusing to comply with the drinking.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time and time set forth in paragraph (1) of this Article, the Defendant driven the CM7 car without a driver’s license in a section of approximately 100 meters adjacent to G in Eunpyeong-gu Seoul.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The ledger on use of drinking meters, and the ledger of driver's licenses;

1. Report on investigation (report on the circumstances of a driver), investigation report (verification of black boxes and images taken by police officers responsible for control);

1. Application of Acts and subordinate statutes of Part IV to criminal records, etc. inquiry reports, investigation reports (Attachment to a summary order for a sound driving), and summary order;

1. Relevant provisions of the Road Traffic Act concerning criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusal of the measurement of alcoholic beverages) and Article 152 (1) of the Road Traffic Act.