A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to six months of imprisonment for the crime of violation of the Road Traffic Act at the Gwangju District Court on June 1, 2017, the suspension of execution, two years of probation, community service order of 200 hours, 24 hours of compliance driving instruction, and 40 hours of alcohol treatment instruction at the Gwangju District Court on June 1, 201, and the probation period is currently under suspension of execution.

【Criminal Facts】

1. Around November 22 and 10, 2018, the Defendant violated the Road Traffic Act (free license) driving of a motor vehicle without obtaining a driver’s license from a section of about 1 km from the road front of the C store located in Gwangju Mine-gu, to the E-Maart in the same Gu (Cancellation of license on May 6, 2017) to the road front of the E-Maart located in Gwangju Mine-gu.

2. Around November 22, 2018, the Defendant violated the Road Traffic Act (refluence of the measurement) caused a traffic accident involving G-low-income vehicle parked on the side, which was parked on the side while driving a e-ray vehicle in front of the E-ray in the Gwangju Mine-gu, Gwangju, while drinking the alcohol. On the other hand, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument three minutes in total, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and raising red on the face of the H district of the Gwangju Mine Police Station, dispatched to the site after receiving a traffic accident report.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the detection of a driver of a drinking alcohol, inquiry of the results of crackdown on drinking driving, and investigation report (Refusal of measurement);

1. Registers of driver's licenses;

1. Previous convictions in judgment: Application of inquiries, such as criminal records, and statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 of the Road Traffic Act concerning criminal facts and the choice of punishment;