A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Punishment of the crime

[criminal power] On October 25, 2010, the Defendant received a summary order of a fine of two million won for a crime of violating the Road Traffic Act in the Gunsan Branch of the Jeonju District Court on October 25, 2010, and issued a summary order of a fine of five million won for the same crime in the same court on October 12, 2018.

【Criminal Facts】

1. Violation of the Road Traffic Act (Refusal to measure a drinking level) by the Defendant: (a) driven a drinking-free car under the influence of alcohol around 00:45 on October 7, 2019; and (b) started from the frontway in the Sinsan-si, Sinsan-si; (c) came to the E apartment Fdong Parking Lot at the same time, and there is considerable reason to recognize that the Defendant was driven under the influence of alcohol, such as the Defendant’s blood color, red and non-distance, etc. from the police box belonging to the Gunsan Police Station that was dispatched after receiving a report on a drinking driving at the above underground parking lot, the Defendant was requested to comply with a drinking-free measurement method by inserting it into a drinking-free measuring instrument three times on three occasions; (d) however, the Defendant refused to take a drinking-free measurement by refusing to take a drinking-free measuring instrument without any justifiable reason.

As a result, the Defendant violated the prohibition of driving motor vehicles, etc. under the influence of alcohol at least twice.

2. Violation of the Road Traffic Act (unlicensed Driving) without obtaining a temporary driving license as referred to in paragraph (1) above, the Defendant driven the said Ecoos car at a section of about 500 meters from the front of the Gunsan E apartment road to the underground parking lot located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the suspect interrogation protocol of the accused by the prosecution;

1. The circumstantial statement of the driver, the report on the circumstances of the driver, the investigation report (the report on the situation of the driver), the notification of the results of the crackdown on the driving of alcohol, the handling table of the 112 Report, the report on the circumstances of the driver without a license, the investigation report (the specified driving distance), the report on the investigation (related to the confirmation of moving-in video of the police campaign), and the place of residence