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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.
Reasons
Punishment of the crime
"2019 Highest 251"
1. The Defendant is a person engaging in driving service of a vehicle B K5 vehicle.
On December 15, 2018, the Defendant was under the influence of alcohol at around 03:17, while driving the B K5 car on the road before the Ulsan-gun C Police Station, the Defendant was required to comply with a drinking test by inserting the bream in a manner of inserting the bream, such as the Defendant’s smelling, in front of the I on the same day, at around 04:09, when the Defendant was under the influence of alcohol, while driving the B K5 car on the road before the Ulsan-gun C Police Station, which was reported in 112 that the bream was suspected of driving.
Nevertheless, the Defendant did not take a alcohol test without justifiable grounds and requested again from E, etc. on the same day at around 04:25 on the same day, but failed to comply with a police officer’s demand for a alcohol test by leaving the detection place. It means that “When the Defendant did not drink, it is necessary to take a alcohol test, it is necessary to do so.”
2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a temporary driver’s license in accordance with paragraph (1) and driving the said KS5 car at approximately approximately KRW 29 km from the Yangsan-si, Ulsan-gun, Ulsan-gun, Seoul-do, to the road in front of the police box in Ulsan-do.
On March 5, 2019, the Defendant driven B K5 cars at a section of about two kilometers from the J apartment in Yangsan-si to the front of K apartment in Yangsan-si without obtaining a driving license around 07:30 on March 5, 2019.
Summary of Evidence
1. "Court's statement" of the defendant in the court;
1. Lritten statements;
1. A copy of the report on the result of the crackdown on drinking driving, a copy of the usage register of a drinking measuring instrument, and a report processing table;
1. "Register of driver's licenses": 2019 Highest 1262;
1. Application of the Acts and subordinate statutes on the ledger of driver's licenses.