A defendant shall be punished by imprisonment for not more than ten months.

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

Punishment of the crime

On November 26, 2008, the Defendant received a summary order of KRW 5 million from the Cheongju District Court due to a fine of KRW 1 million due to a violation of the Road Traffic Act (driving). On March 12, 2014, the above court issued a summary order of KRW 5 million due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) and a violation of the Road Traffic Act (Dangerous Driving

On August 24, 2014, around 05:25, the Defendant, who was parked on the “C” restaurant located in the Heung-gu Seoul Metropolitan Government, and was parked on the “C” restaurant without a driver’s license, and was parked on the “DK7 car,” the Defendant owned, and was parked on the lower part while driving the DK7 car.

이로 인하여 피고인은 2014. 8. 24. 05:45경 청주흥덕경찰서 F지구대에서 위 사고로 조사를 받던 중 F지구대 소속 경위 G로부터 피고인에게서 술 냄새가 나고 얼굴이 홍조를 띠는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 30분간에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받음에도, 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하였다.

As a result, the defendant driving a motor vehicle without a driver's license, and did not comply with a police officer's drinking test without justifiable reasons.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. The register of driver's licenses (Attached No. 8);

1. The actual condition of traffic accidents;

1. "Traffic accident site photographs, etc.";

1. Previous convictions: The reference to criminal records (A) and the application of Acts and subordinate statutes of "two summary orders" shall apply;

1. Relevant provisions of Article 148-2 (1) 2, Articles 44 (1) (a) and 152 (1) and 43 of the Road Traffic Act concerning facts constituting an offense;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, punishment provided for in the former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act shall be heavier;