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

1. 자동차불법사용 피고인은 2019. 5. 26. 04:12경 울산 남구 B에 있는 'C식당' 앞 노상에서 피해자 D가 지인을 만나기 위해 잠시 시동을 켠 채 정차시켜 둔 E i30 승용차를 발견하고, 운전석에 승차하여 울산 남구 F 앞 노상까지 약 1km 구간에서 위 승용차를 운전하였다.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

2. On May 26, 2019, at around 05:35, the Defendant violated the Road Traffic Act (refusing to take a drinking level): (a) on the front of the F bus stop in Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant stopped 130 automobiles on the road and fastened them with standing on the road; (b) on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a large amount of smelling and red melting on the face, etc., on the road before the bus stop in Ulsan-gu, Seoul-gu, Seoul-do; (c) on the other hand, the Defendant was requested to comply with the drinking level by inserting the brea on three occasions in total from H, who was employed by the Ulsan-Namn Police Station G

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Application of each statute on photographs;

1. Relevant Articles 331-2 (Unlawful Use of Motor Vehicles) of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts, and the choice of imprisonment, respectively;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Recognizing the facts charged for sentencing under Article 62-2 of the Criminal Act, the fact that a person uses another person's motor vehicle temporarily by contingency, the fact that he/she has agreed with the owner of the motor vehicle, and that he/she has

On the other hand, while under the influence of alcohol, a person is driving a vehicle of another person, but refuses to take a drinking test.