Text
Defendant shall be punished by imprisonment for not less than two years and six months.
Reasons
Punishment of the crime
[criminal power] On October 4, 2016, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violation of the Road Traffic Act at the Busan District Court, and on May 13, 2020, the Defendant was sentenced to a suspended sentence of KRW 1 year for the same crime at the Busan District Court Seo branch branch, and on May 21, 2020, the judgment became final and conclusive.
【Criminal Facts】
"200 Highest 2054"
1. Around August 19:17, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the EK5 car without a driver’s license from a section of about 1 km from the front of the Busan Western-gu B to the front of the D District located in the same Gu C.
2. Violation of the Road Traffic Act (Refusal to measure a drinking level) was demanded by the Defendant to respond to a drinking test by inserting the said K5 car at the time and place specified in the above paragraph (1) and arriving in the said D Zone after driving it at the said D Zone. The Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about twenty minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven it under the influence of alcohol, such as smelling by drinking alcohol from the slope F, belonging to the Busan Busan Summer Police Station.
Nevertheless, the Defendant did not put the part of a drinking-free measuring instrument into the drinking-free measuring instrument, and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds
As a result, the Defendant violated the prohibition of drunk driving or the prohibition of refusal to measure drinking more than twice.
"200 Highest 2714"
1. Around 13:20 on July 11, 2020, the Defendant violated the Road Traffic Act (unlicensed Driving) and driven an EK5 vehicle without obtaining a driver’s license from the entrance side of the H public parking lot located in the Busan East-gu G to the J roads located in the same Gu.
2. The defendant is a person who is engaged in driving service of KS5 cars in violation of the Act on Special Cases concerning the Settlement of Traffic Accidents.
On July 11, 2020, the Defendant obtained a driver’s license as above at around 13:15.