A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal power] On May 16, 2019, the Defendant was sentenced to two years of suspension of the execution of one year of imprisonment for a violation of the Road Traffic Act (driving) in the Changwon District Court’s Tong branch on May 16, 2019, and the judgment became final and conclusive on May 24, 2019. On October 10, 2019, the same court was sentenced to two years of suspension of the execution of one year of imprisonment for a violation of the Road Traffic Act (driving) and became final and conclusive on October 18, 2019.

【Criminal Facts】

1. Crimes committed on October 13, 2019;

A. On October 13, 2019, the Defendant: (a) driven a motor vehicle by Esch Rexton without obtaining a driver’s license from the C Hospital front of the C Hospital located in the C Hospital B at the macro-si on October 13, 2019 to D in the macro-si.

나. 도로교통법위반(음주측정거부) 피고인은 2019. 10. 13. 10:40경 거제시 D 앞 도로에서, ‘술을 마신 사람이 차를 운전해 갔다’는 112신고를 받고 출동한 거제경찰서 F파출소 소속 경위 G으로부터 피고인의 얼굴에 홍조를 띠고 술 냄새가 났고 시동을 켠 채 운전석에 앉아 횡설수설하며 음주감지기에 음주 감지가 되는 등 술에 취한 상태에서 운전하였다고 의심할 만한 상당한 이유가 있어 음주측정을 요구받았음에도 “측정하면 끝인데 왜 해야 하느냐, 나이 먹고 이렇게 하지말자, 집행유예기간이다, 지금 음주불면 바로 끝난다”라는 등 말을 하며 정당한 사유 없이 경찰공무원의 음주측정 요구에 불응하였다.

2. On October 17, 2019, the Defendant, despite the fact that he violated the prohibition of drunk driving as above, driven an Esch Rexton car under the influence of alcohol concentration of about 0.148% without obtaining a driver’s license in the section of about 20 meters from the first road located in C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at C at 22:28 on October 17, 2019.

Summary of Evidence

1. Defendant's legal statement;

1. The K's statement;

1. Each driver;