A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. Around 09:30 on May 9, 2019, the Defendant driven C truck without obtaining a driver’s license on the one-day road B in Gyeonggi-gun, Gyeonggi-do.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) on May 10, 2019, the Defendant: (a) within his own container located in Pyeongtaek-gun B of the said game; (b) as stated in paragraph (1), the Defendant was parked in the above cargo vehicle outside of a container from a policeman D belonging to the Eunpyeong-gu Police Station who was called for after receiving a report by a witness who had observed a witness to drive a breath in the influence of alcohol; (c) on the ground that he was snicking, snicking, unsnicking, and inaccurate, he was found to have driven a drunk, and thus, he was required to take a drinking test but failed to comply with it.

Accordingly, the defendant did not comply with the drinking test of police officers even though there is a considerable reason to recognize that he was driving a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement to E by the police;

1. A parked vehicle photograph;

1. Application of Acts and subordinate statutes to investigation reports (report on attachment to the register of driver's licenses);

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the option of punishment for the crime, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act, the option of imprisonment;

1. Among concurrent offenders, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act include three times imprisonment for the same kind of crime such as drinking, driving without a license, and violation of the Act on Special Cases concerning the Settlement of Traffic Accidents even before the accused has been punished several times.

Nevertheless, the driver was under the influence of re-driving, and thereafter did not comply with the police officer's request for alcohol measurement.

It is necessary to punish the defendant strictly.

(b).