A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

1. On April 21, 2010, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine of KRW 100,00 as a crime of violating the Road Traffic Act, and on November 8, 2017, a summary order of KRW 4 million as a crime of violating the Road Traffic Act was issued from the Gwangju District Court’s net support on November 8, 2017.

On May 30, 2020, at around 23:46, the Defendant was demanded to comply with a drinking test by inserting alcohol measuring instruments, in a manner of drinking off the b0km distance from the front of the restaurant to D in front of the same Gun, where it is difficult to identify the specific address of the Gosong-gun, Gosong-gun (hereinafter referred to as the “B”) and driving of the Ethyst parking vehicle at approximately 20km in the front of the aforementioned D parking lot, after receiving a report of 112 vehicles suspected to drive under the influence of alcohol, from the Defendant from the slope G of the Gosaung Police Station, who was dispatched to the police box of the Gosaung Police Station, and driving the vehicle under the influence of alcohol, such as smelling, smoking, and red-lighting on the face.

Nevertheless, the Defendant violated Article 44(1) or (2) of the Road Traffic Act by explicitly refusing to comply with a police officer’s request for a so-called “not to perform a so-called alcohol test” and thereby violating Article 44(1) or (2) of the Road

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the same time and place as paragraph (1) of this Article, driving a motor vehicle without a driver’s license.

Summary of Evidence

1. The defendant's legal statement, the statement in the circumstances of his/her driver, the investigation report (the circumstances of his/her driver), the internal investigation report (the confirmation of CCTV recording data around his/her vehicle), and the list of reported cases in 112;

1. Previouss before ruling: Criminal records, inquiry reports, and application of each summary order-related Act and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) and 44 (1) and (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.