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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On September 17, 2007, the Defendant was issued a summary order of KRW 1,000,000 as a crime of violation of the Road Traffic Act by the Changwon District Court. On August 8, 2011, the Defendant was issued a summary order of KRW 1,50,000 as a crime of violation of the Road Traffic Act by the Changwon District Court. On July 25, 2018, the Defendant was sentenced to a suspended sentence of KRW 6 months by imprisonment with labor for a crime of violation of the Road Traffic Act.
【Criminal Facts】
1. Around 02:20 on May 28, 2020, the Defendant driving a motor vehicle without obtaining a driver’s license in the section of approximately 1 km from the 1km to the road front of the D Construction Work at the window of Changwon-si, Changwon-si, without obtaining a driving license.
2. Violation of the Road Traffic Act (Refusal of measurement) The Defendant is driving a motor vehicle under the influence of alcohol on the roads front of the D Creation Work Site at the window C at Changwon-si, Changwon-si around May 28, 2020.
In the event that there are reasonable grounds to recognize that a person was under the influence of alcohol, such as being able to drive the vehicle at the center of the road, who was under the influence of alcohol, by making a report of 112 that "the driving of the vehicle is doubtful.", from G of the police box belonging to the police box of the Gyeongnam-nam Police Station, the Defendant was seated with the driver's seat at the vehicle stopped while turning the headlight on the vehicle along the driving lane, and the Defendant was snicking, snicking, standing on the face of the vehicle, and driving the vehicle under the influence of alcohol from around 02:41 to 03:01 of the same day, it was demanded that the person comply with the drinking test by inserting the drinking measuring instrument four minutes during the period of about 20 minutes.
Nevertheless, on the ground that the drinking driving was not directly discovered, the Defendant avoided it and failed to comply with the request of a police officer for a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Any notification of the results of the drinking control, and any drinking driver;