A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. Around 20:50 on May 8, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the CMW car from around 5 km to the front road of the mutually unclaimed restaurant located in the Singu-si, Sinri-si without the driver’s license to drive the CMW car from around 5 km to the front road of Sinri-si.

2. On May 8, 2019, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument for about 10 minutes in a breath on May 21, 2019, in a manner that deemed that he was under the influence of alcohol due to considerable grounds for recognizing that he was under the influence of alcohol, such as drinking, smelling, and reding, from the policeman E belonging to the D Zone Unit of the Silung Police Station, called for 112 as being under the influence of alcohol while driving CMW on the front of B on the road in the influence of drinking.

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. Report on the status of running a motor vehicle under consideration, each investigation report, the circumstantial statement of the driver under consideration, and the report on detection of the driver under consideration;

1. Registers of driver's licenses;

1. Application of on-site photographs and Acts and subordinate statutes governing drinking photographs;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (wholly amended by Act No. 15807, Dec. 24, 2018); Articles 152 (1) and 43 of the Road Traffic Act; Articles 152 (1) and 43 of the Road Traffic Act; the choice of imprisonment for each of the types of punishment;

1. Circumstances unfavorable to the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders: A person is running without a license even though he/she had the past record of being punished for drunk driving six times (one time in 2002, 2003, 206, 201, 201, 2015, 2015, and 2017).

Although it is doubtful that drinking is driven by drinking conditions, it is possible to refuse to take a drinking test.