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 00:50 on December 19, 2019, the Defendant was driving a two-wheeled automobile (ATV, one-time private car launch) without a license plate on the front of the B apartment on the roads of Gyeyang-gu Incheon Gyeyang-gu, Incheon, and sent back to an emergency hospital in Incheon Gyeyang-gu, by a police officer who received a central separation zone installed in front of the B apartment and received a report, and called up to 112.

At around 01:45 on the same day, the Defendant was required to respond to the measurement of alcohol by inserting the breath in a breath test in a breath under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving the said two-wheeled vehicle under the influence of alcohol, such as a fluor E belonging to the Incheon Gyeyang Police Station, which was dispatched to the emergency department of the said D Hospital.

Nevertheless, the Defendant refused it from the beginning, and avoided it in such a way as to see the police officer’s oral statement or face, and failed to comply with a police officer’s request for the measurement of drinking without justifiable grounds.

2. Around 00:50 on December 19, 2019, the Defendant driving the said two-wheeled vehicle without obtaining a driver’s license from the front side of the entrance of the Incheon Gyeyang-gu FF market to the front side of the said B apartment.

3. No person who violates the Guarantee of Automobile Accident Compensation Act shall operate any automobile which is not covered by mandatory insurance;

Nevertheless, the Defendant operated the two-wheeled automobile that was not covered by mandatory insurance in the section stated in the above paragraph (2).

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Investigation reports (report on the circumstances of the driver in charge) and internal investigation reports (case of non-compliance with the suspect's measurement);

1. Application of Acts and subordinate statutes to a report on investigation (Recognition of ATV’s Two-wheeled Automobile);

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act, Article 152 of the Road Traffic Act, which provides for the choice of punishment for the crime;