A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around September 21, 2019, the Defendant was driving a Eracing Freight vehicle without a driver’s license in a section of approximately 4.5 km from the front of C in Ulsan-gu, Ulsan-gu to the front of D in the same Gu, on September 21, 2019.

2. On November 17, 2008, the Defendant received a summary order of KRW 1,50,000 from the Ulsan District Court to a fine of KRW 1,50,000 for a crime of violating the Road Traffic Act, and on January 13, 2016, by the same court, the Defendant received a summary order of KRW 4 million for the same crime.

Nevertheless, the Defendant, at the date and time indicated in paragraph (1), was requested to respond to the alcohol testing by a police officer three times from 21:27 to 21:42 on the same day on the ground that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as drinking, smelling, and drinking, drinking, drinking, and drinking, from G to G of the Ulsan Central Police Station, who was called out after receiving 112 reports by driving the above ice truck while drinking on the front of the pertinent D on the road. However, the Defendant refused to comply with a request for the alcohol testing by a police officer without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation reports (report on the circumstances of the driver), and photographs refusing to measure;

1. Automobile license ledger;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1), Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and the proviso of Article 50 and Article 42 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing of Article 62-2 of the Criminal Act is that the record of punishment for the driving without a license for drinking of the accused has been repeated.