A defendant shall be punished by imprisonment for one year.

except that 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

On November 15, 2018, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for the violation of the Road Traffic Act, etc. in the Family Branch of Daegu District Court on November 15, 2018, and the judgment became final and conclusive on November 23, 2018.

On September 21, 2018, the Defendant: (a) was arrested as a flagrant offender on the Seogu-gu, Daegu-gu (Seoul-gu) on September 21, 2018; (b) while driving C e-math cargo vehicles with drinking without a car driver’s license, the Defendant: (c) received 112 reports; and (d) requested the Defendant to comply with a drinking test by inserting alcohol in a drinking measuring machine, on the ground that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as smelling in drinking and soundinging red on the face of the Daegu-gu Police Station D Zone D District, which called the Defendant called “a drinking,” and continued to flee, and was arrested as a flagrant offender; (d) from 20:25 to 10 minutes on the same day following the day when he was brought into the D District located in Daegu-gu, Daegu-gu (Seoul-gu) to take a drinking measuring instrument over three minutes; and (d) requested the Defendant to comply with a drinking measuring method, but refused it.

Accordingly, the defendant driving a cargo vehicle without obtaining a driver's license, and did not comply with a police officer's request for alcohol measurement without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A statement prepared in F;

1. Report on circumstantial statements of a drinking driver, investigation report, photographs refusing to measure, photographs of on-site vehicles, photographs of suspected vehicles, inquiry into the results of the control of drinking driving, records of handling 12 reported cases, internal reports, report on the status of driving, and register of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry records, written judgments, and other Acts and subordinate statutes;

1. Relevant provisions of the Road Traffic Act concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and imprisonment with prison labor, respectively;