1. On September 24, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle from the 20km section from Jeju City to D in the front of Seopo-si, Seopopo-si, Seopo-si, without obtaining a driver’s license on September 24, 2017.

2. 도로 교통법위반( 음주 측정거부) 피고인은 2017. 9. 24. 03:12 경 제 1 항 기재 D 앞에서 입에서 술 냄새가 나고 얼굴이 빨갛게 홍조를 띠는 등 술을 마시고 운전하였다고

There is a considerable reason to suspect that there was a lack of justifiable reason to comply with a demand for the measurement of alcohol by inserting the whole in a drinking measuring instrument three times from G to 03:24 of the same day on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (on-site situations and reasons for arrest of flagrant offenders);

1. 112 Reporting case handling table;

1. Investigation report (case on the time when a drinking test is requested);

1. The driver's license ledger (A);

1. Investigation report (the circumstances, etc. of refusal to measure drinking by a suspect);

1. Application of investigation reports (related to suspect's refusal to measure drinking on three occasions) Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the aggravation of concurrent crimes within the scope of the sum of the long-term punishments of crimes specified for a violation of Road Traffic Act, with heavier punishment, and crimes concerning violation of the same Act];

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of amount is against the Defendant’s recognition of all of the instant crimes.

However, after being sentenced to a fine on three occasions for a crime of violating the Road Traffic Act (drinking driving) since 2001, the Defendant was sentenced to imprisonment with prison labor for the same crime at the Jeju District Court on December 20, 201, and for two years of suspended execution, the Defendant is under a license without prison labor.