A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[Power of crime] On October 6, 201, the Defendant received a summary order of KRW 2,50,000,000 as a crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court.

[Criminal facts]

1. On August 16, 2020, the Defendant was driving a F QM5 vehicle from the front of the “C” restaurant located in Jin-si B without obtaining a driver’s license on August 16, 2020 to the front of the “E” convenience store located in Jin-si D.

2. 도로 교통법위반( 음주 측정거부) 피고인은 전항 기재 일 시경 당 진시 D에 있는 ‘E' 편의점 앞 도로에서 술에 취한 상태로 전항 기재 승용차를 운전한 후 시동을 켠 상태로 정차하고 있던 중 음주 운전 의심 112 신고를 받고 출동한 당 진 경찰서 G 지구대 순경 H으로부터 피고인에게 서 술냄새가 나고, 얼굴에 홍조를 띠며, 말을 더듬고, 걸음이 비틀거리는 등 술에 취한 상태에서 운전하였다고

There are reasonable grounds to determine a seal, and the defendant was requested to respond to the measurement of drinking by inserting four minutes from around 21:52 on the same day to about 15 minutes, but the defendant did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to inquiries, such as site photographs, driver's license registers of motor vehicle driving licenses, and investigation reports (the confirmation of previous records thereof) regarding inquiries, such as criminal history;

1. Articles 148-2 (1), 44 (1) and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of refusing to drive without a license) and the selection of imprisonment for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. Protection observation and: