A defendant shall be punished by imprisonment for a term of one year and four months.

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

Punishment of the crime

On January 6, 2009, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) and KRW 3 million as a fine for a violation of the Road Traffic Act (driving on August 29, 2019) from the Jung-gu District Court on August 29, 201, respectively.

1. Around 02:10 on October 2, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven a e food 206CC car without obtaining a driver’s license from a section of about 500 meters from the front of B in Dongducheon-si to the front of D in Dongducheon-si.

2. Violation of the Road Traffic Act (Refusal of measurement) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a breathing, face color, red, and a breathing distance, etc., by reporting that there is a person suspected of driving under the influence of alcohol on the roads set forth in paragraph (1) prior to the temporary border stipulated in paragraph (1) of this Article, the Defendant refused to comply with a request of a police officer for the measurement of alcohol without justifiable grounds, even though he was requested from 02:30 of the same day to 02:45 of the same day to comply with the request of a police officer for the measurement of alcohol by inserting the breath of alcohol in a total of three times from 02:30

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports, reports on the circumstantial statements of drivers, investigation reports, investigation reports (in the event of drivers), and investigation reports (in the event of CCTV confirmation);

1. Registers of driver's licenses;

1. Six copies of a photograph reported by the reporting person;

1. Criminal history records, inquiry reports, and the application of Acts 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 punishment, and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act (the point of refusing to measure the facts of crime);

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 (1) of the Criminal Act;

1. Probation, community service, and other matters;