A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On November 26, 2012, the Defendant was sentenced to imprisonment with prison labor for 6 months at the Gwangju District Court for the violation of the Road Traffic Act, and the judgment became final and conclusive on April 29, 2013.

1. 도로교통법위반(무면허운전) 피고인은 2013. 1. 5. 01:28경 광주 동구 구시청 부근에서 광주 동구 불로동에 있는 ‘빕스’ 레스토랑 앞까지 약 500m를 자동차운전면허 없이 C 아반떼 승용차를 운전하여 진행하였다.

2. 도로교통법위반 (음주측정거부) 피고인은 2013. 1. 5. 01:28경 광주 동구 불로동에 있는 ‘빕스’ 레스토랑 앞을 C 아반떼 승용차를 운전하던 중 광주 동부경찰서 경찰 D에게 적발되어, 피고인에게 술 냄새가 심하게 나 술에 취한 상태에서 운전하였다고 인정할 상당한 이유가 있어 약 20분 동안 3회에 걸쳐 음주측정기에 입김을 불어넣는 방법으로 음주측정을 요구받았으나 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Control note, report on detection of drivers, and the register of driver's licenses; and

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (72 pages of investigation records);

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the rejection of a drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes have been sentenced to a fine twice due to drunk driving, and two times due toless driving, and again, the crime of this case was committed in the course of trial since it is discovered that a drunk driving was done again, and the defendant at the time of the instant case, when a drunk driving was discovered, was sitting on the side.