1. Around 16:10 on December 27, 2018, the Defendant driven a D-cus vehicle without obtaining a driver’s license in the section of about 39-11, from the date of the 16:25-day from the date of the C-Osh-gun, Chungcheongnambuk-gun to the date of the 16:25-day from the date of the C-Osh-gun, Chungcheongnambuk-gun, the date of the 39-11, and the date of the C-Oh-gun, the date of the 5-km road.

2. Violation of the Road Traffic Act (refluence of the measurement) was demanded by the Defendant to comply with the measurement of alcohol by inserting the breath in four times from 16:25 to 16:45 of the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, snicking, etc. from F, a policeman belonging to the E-district of the YAF Station E zone dispatched to the said site while under the influence of alcohol in the said Ecoos car, at the time, at the time and place specified in the latter part of paragraph (1) of this Article.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하고 이를 회피하는 등의 방법으로 이를 거부하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph refusing to measure drinking;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. Application of the Motor Vehicle Driver's License Registers Act and subordinate statutes;

1. Article 152 subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that applies to the relevant criminal facts, the choice of punishment, and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is for sentencing in 2017 and in 2018, the name of the crime in this case even if a summary order was issued for drunk driving in 2017 and 2018. The crime is repeated in a short period. The existing blood alcohol concentration in driving under the influence of alcohol is also required.