A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] The defendant was sentenced to two years of suspended sentence on April 22, 2016 at the Changwon District Court's Jinju on November 17, 2015 for a crime of violation of road traffic law (dacting driving), etc., and the judgment becomes final and conclusive on April 22, 2016, and is currently under suspended sentence.

[Criminal facts]

1. On June 20, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a G Poter while drinking alcohol from the D convenience store in Jinju to the FF in the same city E from the front day of the D convenience store in Jinju-si on June 20, 2017, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking alcohol, drinking alcohol, red-light, etc., from the Defendant 1 to the police officer belonging to the Jinju Police Station H patrol3 Team of Jinju-gu, while driving a G Poter in the same city E.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 19 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. The Defendant violated the Road Traffic Act (Non-licensed driving) driving of the Poter truck at the above time and at the above place without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. On-site photographs (on-site photographs);

1. Statement of the circumstances and investigation report of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Investigative into the ledger of driver's licenses and the main office;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the period of suspended execution of a suspect) statute;

1. Articles 148-2 (1) 2, 44 (2) and 152 subparagraph 1, and 43 of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment for each of them;

1. The former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes - Reasons for sentencing - Unfavorable circumstances: The period during which the sentence is suspended for the same crime.