A defendant shall be punished by imprisonment for a term of one year and eight months.

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

[Criminal Power] On November 8, 2019, the Defendant received a summary order of KRW 7 million as a fine for a violation of the Road Traffic Act (driving) at the Daejeon District Court on November 8, 2019.

【Criminal Facts】

1. Around 02:30 on January 28, 2020, the Defendant driven a 333:0215 car with no driving license from the front of the main point where it is impossible to identify the trade name in Seo-gu, Seo-gu, Daejeon to the B, Seo-gu, Daejeon.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) is confirmed to have driven alcohol in front of Seo-gu Daejeon Special Metropolitan City, Seo-gu, Daejeon Special Police Station C District Gyeong-gu, Daejeon Special Police Station C Zone D, which was called after receiving a report of 112 that the defendant would have driven alcohol while drinking, and the defendant is able to see that the defendant driven alcohol in the state of drinking, such as a small red and long distance, and there are reasonable grounds to believe that the face of the driver was driven in the state of drinking, and the defendant was demanded to comply with the drinking test by inserting the drinking meters into the drinking measuring machine. However, the defendant was required to take a breath test in the vehicle, but the defendant did not drive the breath. However, the defendant is required to take a breath test. It does not mean why he would be forced to breath a drinking test or why he would not make a breath test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on the circumstantial statement of a driver, internal report, photographs, and the register of driver's licenses of motor vehicles;

1. Previous records of judgment: Application of criminal records, repeated statements, and summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose a sentence, and the provision of Articles 148-2 (1), 44 (1), and 44 (2) of the Road Traffic Act that refuse to measure alcohol, and imprisonment with prison labor;