A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal power] On September 19, 2007, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the official capital support of the Daejeon District Court, and on May 9, 2012, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

【Criminal Facts】

1. Violation of the Road Traffic Act (Refusal of Drinking Measures) around 11:40 on July 28, 2020, the Defendant demanded that the Defendant comply with a drinking test by inserting alcohol in a manner of breathing it into a drinking measuring instrument, on the ground that there is a considerable reason to suspect that the Defendant was driving under the influence of alcohol, and there is considerable reason to suspect that he was driving under the influence of alcohol, and that the Defendant did not comply with the drinking test without any justifiable reason, in the vicinity of the two-lane near Sinju-si B in order to deal with the accident that occurred by escaping from the farm road while driving Cwing-III and III freight vehicles.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

2. Around 11:40 on July 28, 2020, the Defendant driven a C string truck without obtaining a driver’s license from a section of about 6km from the road near the F in the official city to the distance near the B in the official city to the two-lanes near the official city.

Summary of Evidence

1. The defendant's legal statement, survey report on the actual state of his/her oral statement, investigation report, copy of the usage register of drinking instruments, and on-site photograph of the driver's license register of driving manual and enforcement manual;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (verification of punishment records for drunk driving after the enforcement of the amended Act);

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 shall apply to concurrent crimes;