A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. Around 08:30 on January 27, 2019, the Defendant driving a DA5 car without obtaining a driver’s license from the front of the Michuhol-gu Incheon, Michuhol-gu, Incheon to the front of the entrance of approximately 1.2 km from the front of the 21st road.

2. Violation of the Road Traffic Act (Refusal of Drinking-gu Measures) caused a traffic accident that leads to a motor vehicle behind the front part of the Defendant’s vehicle, which was parked on the road side while driving D A5 motor vehicles on the road in front of the entrance 21 by the above temporary Michuhol-gu Incheon Incheon City, the Defendant refused to take a drinking test, but failed to comply with the request for a drinking test, such as displaying an intention to refuse the measurement, on the ground that there are reasonable grounds to suspect that the Defendant driven the alcohol, such as the red, snow, and the walk of the Defendant’s face from the police station of the Incheon Michuhol-gu Police Station and the police officer belonging to the traffic survey division dispatched to the site, and the traffic survey division of horses, etc.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. The circumstantial report, investigation report (report on the circumstances of an employee’s driver), and internal investigation report (for the process of refusal of the measurement of noise, as to the process of an employee’s license)

1. Registers of driver's licenses;

1. Application of statutes concerning visual data, such as distress images;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

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

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant was punished twice due to drunk driving and committed the instant crime during the period of probation and community service order under Article 62-2 of the Criminal Act, the circumstances are not good.

However, the defendant suffered a traffic accident on March 2017.