A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Power] On June 7, 2017, the Defendant was sentenced to two years of suspension of the execution of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bodily Injury resulting from Dangerous Driving) and the violation of the Road Traffic Act at the Suwon District Court's Eunpyeong site, and the judgment became final and conclusive on June 15, 2017, and has a total of four times of suspension of the execution of the same drinking and without a license.

【Criminal Facts】

1. Around 00:05 on March 9, 2019, the Defendant driven a e-manufactured car at a section of about 1 km without obtaining a driver’s license from the roads near the Ansan B apartment to the roads near the Ansan C and the D intersection.

2. Around 00:05 on March 9, 2019, the Defendant violated the Road Traffic Act (i.e., refusal to measure the noise level) caused a traffic accident involving a telecommunication carrier in the form of drinking alcohol on the roads near the Ansan-si and Diplomatic Association, and then sent the vehicle back to the emergency room of G Hospital located in the F of the Yanan-gu, Chungcheongnam-gu.

On March 9, 2019, at around 00:59, the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument three times for about 16 minutes from around 01:15 of the same day, and the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds by explicitly refusing the demand for a drinking measuring instrument, even though there were reasonable grounds to recognize that the Defendant had driven under the influence of alcohol, such as opporting snow and booming on the face, etc., by taking the breath from a slope H belonging to the Ansan Police Station, which received and called the traffic accident, and breath from the Defendant’s entrance.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Registers of driver's licenses;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant Article of the Act on Criminal Facts and Article 148-2 (1) of the Road Traffic Act which choose the penalty;