[Criminal Power] The Defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act at the Ulsan District Court on May 31, 2018, and three years of suspended execution, which became final and conclusive on June 8, 2018, and is currently under suspended execution.

【Criminal Facts】

1. Around 21:58 on June 20, 2019, the Defendant driven Done Star Cargo at a section of approximately 2.3 km from the front of Ulsan-dong Blllllle to the front of Ulsan-dong C, Ulsan-dong, without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to a drinking test in a manner of inserting alcohol into a drinking measuring instrument, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a heavy snow and smelling, while driving the said cargo on the front of Ulsan-dong C, Ulsan-gu, Seoul, and talking about the details of the report by the Defendant on a larceny reported by the Defendant, on the front of the same day, at around 2:18.

그럼에도 피고인은 같은 날 22:18경부터 22:34경까지 약 16분간에 걸쳐 음주측정기에 입을 대지 않거나 부는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), copy of the usage register of a drinking-free measuring instrument, and photograph of the control site;

1. Registers of driver's licenses;

1. Previous convictions: Criminal records, investigation reports, each judgment, and application of Acts and subordinate statutes governing summary order;

1. Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the relevant Act on Criminal Facts (amended by Act No. 16037 of December 24, 2018)

1. The Criminal Act among concurrent crimes.