A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On April 13, 2012, the Defendant was sentenced to a suspended sentence of 2 months in the Daegu District Court to imprisonment for a violation of the Road Traffic Act or a violation of the Road Traffic Act (non-licensed driving). On the 21st of the same month, the said judgment becomes final and conclusive and is still under the suspended sentence.

Criminal facts

1. Around 01:10 on July 16, 2012, the Defendant driving a D-wing truck without a driver’s license in the section of about 11 km from the front of the Defendant’s residence in Busan-si, to the front of the lower-speed road in the same city area via the same time, south-si, Gyeongcheon-si, and the front of the lower-speed distance in the same city area.

2. 도로교통법위반(음주측정거부) 피고인은 2012. 7. 16. 01:18경 경산시 E파출소에서, 음주운전 신고를 받고 피고인을 단속한 위 파출소 소속 경찰관 경장 F로부터 피고인에게서 술 냄새가 나고 피고인의 발음이 부정확하고 횡설수설하는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 10분 동안 4회에 걸쳐 음주측정기에 의한 음주측정에 응할 것을 요구받았으나, 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하였다.

Since then, the Defendant requested the above police officers to collect blood on 02:10 on the same day, and requested the emergency room of G Hospital at the same time for about 10 minutes to comply with the blood collection measurement, but avoided it by refusing to collect blood without signing and sealing on the consent form for blood collection.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

Summary of Evidence

【Refusal to Measurement of Phonograms】

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Report on detection of the driver from the driver, report on the circumstances of the driver from the driver's license (the point of driving without a license and previous record of judgment);

1. Defendant's legal statement;

1. The suspect interrogation protocol against the defendant.