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

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

Punishment of the crime

[criminal history] On September 16, 2008, the Defendant was issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act at the Changwon District Court on September 16, 2008. On April 24, 2012, the Defendant was issued a summary order of KRW 4 million for the same crime.

[Criminal facts]

1. On July 22, 2020, the Defendant: (a) driven a DM3 car without obtaining a driver’s license from a section of approximately 150 meters from a section of around 150 meters from the front to the front road of the same Gu, Ansan-si, Annsan-si, Annsan-si; (b) on July 2, 2020.

2. On July 22, 2020, the Defendant was driven under the influence of alcohol by the Defendant, such as drinking alcohol while driving a Do SM3 vehicle at the front side of the Mansan-gu, Ansan-si, Masan-si, as described in paragraph (1), while drinking alcohol and being identified as one suspected of driving under the influence of alcohol, while driving the vehicle at the front side of the Mansan-si, the Defendant was driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant from the light Ga of the Mansan Police Station at the Mansan-si, Mansan-si, the police box at the Mansan-si,

There are reasonable grounds to determine a seal, and it was demanded to respond to the measurement of drinking at intervals of five minutes from 21:35 on the same day to 21:50 on the same day by inserting the measuring instrument four times at intervals of five minutes.

Nevertheless, the Defendant did not comply with the measurement by the police officer in such a way that he did not disclose his personal information without disclosing his personal information in a drinking measuring instrument, or that he did not comply with the measurement by taking a mixed form, such as making a tobacco into the form, or refusing to enter the tobacco.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver who takes the driving of a vehicle, ledger on the use of alcohol measuring instruments, case-related photographs, and ledger of driver's licenses;

1. Previous convictions in judgment: (A) a reply to inquiry, such as criminal history, and the application of reporting Acts and subordinate statutes after ascertaining such minor convictions;

1. The relevant Article of the Act and the traffic law of choice of punishment concerning the facts constituting the crime;