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 this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On December 11, 2012, the Defendant received a summary order of KRW 1,500,000 from the Suwon District Court as a crime of violation of the Road Traffic Act (driving of Drinking) from the Suwon District Court on December 11, 2012, and a fine of KRW 3 million from the same court on March 14, 2016 as the same crime.

【Criminal Facts】

1. On August 15, 2019, at around 15:49, the Defendant violated the Road Traffic Act (refluence of the noise measurement): (a) on the 5km section from the roads near Pyeongtaek-si, to the roads in front of the same city, and (b) on the 112-day road, the Defendant refused a police officer’s request for alcohol measurement by failing to comply with the demand of a police officer for alcohol measurement without justifiable grounds, on the grounds that there is considerable reason to recognize that the Defendant was under the influence of alcohol, such as the flow of alcohol by the Defendant from the horse F of the Pyeongtaek-si Police Station E District Unit of the Pyeongtaek-si Police Station called upon receipt of the 112 report, and the state of walking in a remote distance, etc.; and (b) from around 16:04 to around 16:26 of the same day, the Defendant failed to comply with the demand of a police officer for alcohol measurement by means of injecting the drinking measuring machine for three minutes during the 22-minute period.

2. On August 15, 2019, the Defendant violated the Road Traffic Act (unlicensed driving) driving at approximately 5 km from the near Pyeongtaek-si B market to the front of the same city, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking influence control, recording files, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A), investigation reports (a summary order attached to the same type of power);

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (a point of driving without a license), the selection of imprisonment for each sentence;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act: