A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to three years of suspension of the execution on June 28, 2018 in Seosan Branch of the Daejeon District Court on June 20, 2018 for the violation of the Road Traffic Act (unlicensed Driving). The judgment becomes final and conclusive on June 28, 2018 and is currently under suspension of the execution.

On August 20, 2012, the Defendant received a summary order of KRW 3 million by the same court as a crime of violation of the Road Traffic Act, and on August 18, 2017, the same court received a summary order of KRW 5 million by a fine of KRW 1 million due to a crime of violation of the Road Traffic Act.

【Criminal Facts】

1. On September 17, 2019, the Defendant violated the Road Traffic Act (unlicensed Driving) driving the C QM5 car without obtaining a driver’s license on the road in the B Apartment at the time of Jinjin-si.

2. Around 23:45 on September 17, 2019, the Defendant violated the Road Traffic Act (refluence of the measurement of noise level) caused a traffic accident corresponding to D-wing-3 freight vehicles parked in the said QM5 vehicle parking lot in the B apartment at the time of Jinjin-si, which was driven by the said QM5 vehicle, and subsequently, the Defendant was demanded to comply with the measurement of alcohol level in order to clarify whether the Defendant was under the influence of alcohol due to reasonable grounds to recognize that the Defendant driven the said QM5 vehicle while under the influence of alcohol, such as he was under the influence of alcohol, by driving the said QM5 vehicle in the B apartment parking lot at the time of Jinjin-si.

Nevertheless, on September 18, 2019, the Defendant violated the prohibition of drinking driving twice by failing to comply with a police officer’s request for a drinking test on three occasions from around 00:15 to 00:30 on the same day without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition of traffic accidents;

1. A report on the occurrence of a traffic accident;

1. Department related to the 112 Incident Report; and

1. The user ledger of the measuring instruments for drinking;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A report on internal investigation;

1. Refusal of measuring alcoholic beverages;

1. Investigation report (to hear telephone statements from the staff of the apartment management office);