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.

[criminal history] The Defendant was issued a summary order of KRW 5 million for the same crime in the Daegu District Court Kimcheon on December 3, 2009 by a fine of KRW 3 million as a crime of violating the Road Traffic Act in the support of the Daegu District Court Kimcheon, and the same court on July 8, 2016.

[Criminal facts]

1. On November 10, 2016, the Defendant was driving a DNA-learning car without a driver’s license on November 22, 2016.

2. On November 10, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was discovered while driving a DNA-learning car on the front side of C in the Gyeongldong-gun, Gyeongbuk-do around 22:00.

At that time, the defendant was driving a drinking, such as being aware of drinking at the time of drinking;

There is a reasonable reason to determine a seal, and from around 22:36 to 23:06 of the same day, the Police Station E (a police box) of the Glildong Police Station E (F) demanded a measurement of drinking for about 30 minutes from F to 30 minutes, but rejected it without good cause.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

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

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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. Reasons for sentencing under Article 62-2 of the Criminal Act - Unfavorable circumstances: The defendant, even though he had a history of punishment twice for traffic-related crimes (including one time of suspended execution), has driven under the influence of drinking without a license, and the police officer's request for measurement of drinking was not complied with; the defendant's favorable circumstances reflects the crime of late drinking; the defendant's age, sexual behavior, and family members.