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A defendant shall be punished by imprisonment for not less than one year and six months.
However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
【Criminal Power】 On November 17, 2014, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) in Changwon District Court’s territorial branch on November 17, 2014, and a summary order of KRW 3 million with a fine of KRW 2 million on December 28, 2012, respectively.
【Criminal Facts】
1. Around September 19:30 on September 4, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) from the first parking lot of B apartment in Yeongdeungpo-si to the D neighboring road located in the same city in the same city C, from around 500 meters on September 4, 2019 to the road near the same city Eth, from around 5km on the roads located in Tong-si, Tong-si to the roads near the same city Eth, from around 00 on September 4, 2019 to around the same city Eth, from around 01:30 on the roads near Dong-si, Dong-si, Dong-si, Dong-si, to the first parking lot of B apartment in the same city, and driven a car by F without obtaining a driver's license.
2. On September 5, 2019, at around 01:47, the Defendant was required to comply with a drinking test by inserting the alcohol measuring instrument three minutes in total for about 23 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as making a breath on the 112-round roads near the 1st apartment vehicle B, and driving under the influence of alcohol, the Defendant was required to take a drinking test by inserting the border belonging to the G District of the Gyeongnam-gu Police Station G District of the Gyeongnam-gu Police Station, the Gyeongnam-gu, the Gyeongnam Police Station, the walking condition is clear, the face is clear, the breath, the snow was shocked, and the police officer’s questions about the breath of alcohol.
그런데도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하여 이를 회피하거나, ‘내가 술을 마시고 차량을 운전하였는지 잘 모르겠다, 음주측정을 못하겠다’는 취지로 말하면서 측정을 거부하는 등 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
Summary of Evidence
1. Defendant's legal statement;
1. The circumstantial statements and investigation reports shall be made to the host driver; and