A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. On August 29, 2020, the Defendant was driving a vehicle B with low-pollution without obtaining a driver’s license in a section of about 10 meters at a 10-meter radius of the road in Gyeyang-gu, Seoyang-gu, Seoyang-gu. at around 02:30, the Defendant violated the Road Traffic Act.

2. On May 11, 2020, the Defendant received a fine of three million won as a crime of violating Road Traffic Act (drinking) from the Seoul Northern District Court on May 11, 2020.

On August 29, 2020, the Defendant had a person driving alcohol on any road located in the Soyang-gu Sodong at the time of high-sea around 03:05.

“A person who was driven under the influence of alcohol, such as drinking, drinking, fluoring, red, and rheating, with the Defendant at the time, from the background D in the position of the Goyang Police Station C District, which was called upon 112 reports to the effect that “A person was driven under the influence of alcohol.”

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument three times.

그러나 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 등의 방법으로 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation and photographs related to control;

1. A report on the circumstances of driving at home, a report on the circumstances of the driver at home, and an investigation report (a report on the situations of the driver at home);

1. Investigative into the circumstances of driving without a license as a result of regulating the driving of drinking, a report on the investigation into the ledger of driver's licenses (report on the situation of the driver

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same criminal records as the suspect), and summary order, to two copies of the Act and subordinate statutes;

1. Article 152 subparag. 1 and Article 43 of the Road Traffic Act (unlicensed Driving) regarding criminal facts, Articles 148-2 subparag. 1, 44(1), and 44(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), and each of the decision of imprisonment with prison labor.