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

1. Around April 20, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driven a H-low car without a driver’s license in the section of approximately 500 meters from the nearest road of the F Hospital in Guro-gu Seoul Metropolitan Government to the front road of the same Gu.

2. On April 20, 2018, the Defendant driven a motor vehicle while under the influence of alcohol, such as drinking, smelling, drinking, bringing on the face of the Defendant from a policeman J affiliated with the I Zone of the Seoul Guro Police Station, which was called out, after receiving a report from around 23:16, 201 that the Defendant driven the motor vehicle before Guro-gu Seoul Metropolitan City G and the Defendant driven the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 10 minutes into a drinking measuring instrument.

Nevertheless, the defendant did not comply with the above police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to K in the police statement;

1. An explanatory note;

1. Investigation report (report on the situation of the driver in charge); and

1. Video CDs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the act of refusing to measure drinking);

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes: former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the term of punishment aggregating the maximum term of punishment prescribed for each crime);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act include two times the Defendant’s records of driving alcohol and of driving without a license, the reason for refusing to measure drinking, the background of refusing to measure drinking, and other sentencing conditions such as the Defendant’s age, sex, environment, etc., and determining the sentence as ordered.