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

[Power of crime] On November 14, 2019, the Defendant was issued a summary order of KRW 8 million by the Changwon District Court as a crime of violating the Road Traffic Act (drinking).

[Criminal facts]

1. On October 27, 2020, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a DK9 car at a section of about 3km from the front of the commercial building located in the same Jung-dong, Jung-dong, Changwon-si, to the front of the commercial building located in the same Jung-dong, which was located in the same Dong-dong, without obtaining a driver’s license, from the section of approximately 3km from the road of the commercial building located in the same Gu to the front of the C library located in the same Gu.

2. On October 27, 2020, the Defendant violated the Road Traffic Act (e.g., refusal of measurement of drinking), at the front parking lot of the C Library located at the window B at Changwon-si, Changwon-si, the Defendant was arrested as a flagrant offender and detained in the E police box, after receiving a report from the Chief F of the police box where the Defendant called out after having set the above K9 automobiles at the above Jungdong Intersection and received a 119 report to the effect that he was locked.

The Defendant, at the above E police box from 05:45 to 06:08 of the same day, received a notice from the police officer F to the police officer that the Defendant would be subject to punishment for refusing to measure drinking if he/she fails to comply with the alcohol test even though he/she received a request for the measurement of drinking, and requested to comply with the measurement of drinking. However, the Defendant avoided the demand for measurement of drinking by a police officer three times in total in a manner that he/she refuses to comply with the measurement of drinking on the ground that he/she does not breathly breathly breathly breathly

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who takes the driving of a drinking, notification of the results of crackdown on the driving of drinking, photograph, report processing case list 112, and driver's license register;

1. Each report on investigation;

1. Previous convictions: Inquiry of criminal history, report on investigation, and application of the statutes of the judgment;

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