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.

On July 23, 2017, the Defendant was under the influence of alcohol driving from the slope E belonging to the Suwon Police Station D District Unit of the Suwon Police Station while driving a B rocketing car without obtaining a driver's license on July 14, 2017.

At that time, the defendant was driven under the influence of alcohol, such as rhythm of the horse and hacking a red color, and a little walking distance.

If there was a considerable reason to determine the person, he/she did not comply with the E's request for measurement of drinking without justifiable reason.

Accordingly, the defendant driving an automobile without obtaining a driver's license, and driving an automobile while under the influence of alcohol.

The police officer's demand for the measurement of drinking was rejected without justifiable reasons, even though there was a considerable reason to determine the person.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

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

1. The driver's license ledger;

1. Application of enforcement vehicle photographs and Acts and subordinate statutes on the enforcement site photographs;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (the punishment shall be aggravated to the extent that the punishment is aggregated with the long-term punishment of two crimes above the punishment specified for a crime of violating the Road Traffic Act with heavier punishment);

1. Articles 53 and 55(1)3 of the Criminal Act (including circumstances favorable to the examination in the following cases);

1. Article 62 (1) of the Criminal Act on the suspension of execution (The subsequent consideration has been made for favorable circumstances);

1. The following circumstances and the defendant's age, family relation, sex, environment, motive and circumstance of the crime, means and method of the crime, and the following circumstances of sentencing under Article 62-2 of the Criminal Act.