A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] The defendant was sentenced to one year of imprisonment for a violation of the Road Traffic Act in the Seo-gu District Court's Branch on October 2, 2019, and two years of suspended execution, and the judgment becomes final and conclusive on the 11th of the same month.

【Criminal Facts】

1. On March 26, 2008, the Defendant has been sentenced to a fine of one million won for the crime of violating the Road Traffic Act at the Busan District Court on March 26, 2008, and one year for imprisonment with labor for the crime of violating the Road Traffic Act at the Seo branch of the Daegu District Court on October 2, 2019, and two years for suspended execution, respectively.

On March 28, 2020, the Defendant was required to comply with a drinking test by inserting a drinking measuring instrument over about 13 minutes on the face of the Defendant while driving a motor vehicle in front of Daegu-gun B at around 20:04, while driving the motor vehicle C Pu-407 on the front of the 202 Daegu-gun, the Defendant failed to comply with a police officer’s request for a drinking test without justifiable grounds, despite the reasonable grounds, even though he was required to comply with a drinking test by inserting a drinking measuring instrument into a drinking measuring instrument over 13 minutes.

2. On March 28, 2020, the Defendant driven the said vehicle without obtaining a driver’s license from the front line of the Daegu-gun of Fagu to the front line of the road at approximately 1.3 km on March 28, 202.

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of a suspected violation of the Road Traffic Act (unlicensed driving, drunk driving), report on internal investigation (Evidence No. 2), and investigation report (Evidence No. 4);

1. The ledger of driver's licenses;

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (the fact that the period of suspension of execution of punishment is in period, attachment of identical military records), and the application of statutes;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (a point of refusing to measure the noise level), and Article 152 subparagraph 1 of the Road Traffic Act.