Text
A defendant shall be punished by imprisonment for two years.
Reasons
Punishment of the crime
On September 28, 2017, the Defendant was released on August 14, 2018 and passed on October 29, 2018.
1. Around 12:30 on July 21, 2019, the Defendant driven a efranchis vehicle without a vehicle driver’s license in a section of about 500 meters from the inn city B apartment parking lot to the infection station in the same city C.
2. On October 19, 2012, the Defendant was sentenced to a summary order of a fine of five million won for a violation of the Road Traffic Act in the Gwangju District Court’s net support on October 19, 2012, and on July 1, 2014, the same court was sentenced to imprisonment for eight months and suspension of execution for a violation of the Road Traffic Act.
At around 12:55 on July 21, 2019, the Defendant was asked to comply with a drinking test under the influence of alcohol due to considerable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and breathing, etc., from G of the police box affiliated with the police box of the Steering Police Station called at the site upon receipt of a report, the Defendant refused to comply with a police officer’s request for a drinking test without justifiable grounds by avoiding it.
As a result, the defendant violated the Article 44 (2) of the Road Traffic Act at least twice, and did not comply with the request of a police officer to measure alcohol again.
Summary of Evidence
1. Partial statement of the defendant;
1. Statement that corresponds to the above criminal facts among the suspect examination protocol of the accused by the prosecution;
1. Each legal statement consistent with the above criminal facts of H and witness G;
1. Registers of driver's licenses;
1. According to each CD’s evidence above, the Defendant, upon receiving a request from a police officer for the measurement of drinking, smelled at the time.