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 two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[Criminal Power] On June 21, 2016, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. in the Gwangju metropolitan District Court’s support for the Maritime Court.

【Criminal Facts】

1. On January 27, 2020, the Defendant violated the Road Traffic Act (refluence of the noise measurement) reported that he parked the freight vehicle of D while carrying the freight to the above C police box, which was located in the Donnam-gun B, and then entered the above C police box, and the Defendant was demanded to comply with the alcohol alcohol measurement because there are reasonable grounds to recognize that he was driven while under the influence of alcohol, such as smelling at the Defendant’s entrance of the police box affiliated with the above C police box, snicking on the face, snicking on the face, etc.

그럼에도 불구하고 피고인은 약 20분간 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

2. On January 27, 2020, the Defendant violated the Road Traffic Act (unlicensed driving) driving of D Poter at a section of about 4 km from the front of the Defendant’s office located in the west-gun F of the west-do without obtaining a driver’s license on January 27, 2020 to the front of the police box located in the same Gun B.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. A report on investigation;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of each of the Acts and subordinate statutes, such as criminal records, inquiry reports, investigation reports (verification of criminal records of the same kind of suspect), judgment, etc.;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act that prescribes the choice of punishment (the rejection of drinking alcohol, the choice of imprisonment), subparagraphs 1 of Article 152 of the Road Traffic Act, and Articles 43 of the Road Traffic Act (the occupation of driving without a license, the choice of imprisonment);

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. Suspension of execution;