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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
1. On November 1, 2018, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (hereinafter “Agalloning vehicle”) and was driving a gallon 2 Do car in front of the entrance of B village at Jinju, while drinking the alcohol on the front of B village entrance at Jinju, the Defendant was demanded four times to respond to a drinking measurement by inserting it into a drinking measuring instrument for about 15 minutes from around 20:00 to around 20:15 on the same day by inserting the alcohol in front of a drinking measuring instrument.
그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.
2. Around November 19, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a car using Cggalroki 2 o-car without obtaining a driver’s license from the front of G apartment at Jinju to the front of B village in the same city, from about 3 km section from the front of G apartment at Jinju to the front of the same city.
Summary of Evidence
1. The defendant's legal statement (the third trial date);
1. Legal statement of witness E;
1. A written statement;
1. A video CD, a black image CD, or a video CD;
1. 112: Table on the handling of reported cases, and the register of driver's licenses;
1. Application of Acts and subordinate statutes to an investigation report (including a suspect's statement, etc.), a report on the circumstances of a drinking driver, notification of the results of the control of drinking driving, and an investigation report (report on the status of
1. Relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018); Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (amended by Act No. 16037, Dec. 24, 201);
1. Of concurrent crimes, the former part of Article 37 and Article 38(1) of the Criminal Act are applicable;