1. On November 21, 2013, at around 23:20, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 38 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking alcohol, smelling, and putting on the face, while driving a DNA car while drinking on the road in front of the house B located in Gangwon-gun, Gangwon-gun, Seoul. On the same day, the Defendant was required to comply with the drinking test by inserting it into a drinking measuring instrument for about 38 minutes.

Nevertheless, the Defendant alleged that he did not drive a vehicle, and avoided this, and did not comply with a police officer's request for a drinking test without justifiable grounds.

2. Around November 21, 2013, the Defendant was driving a D business car without obtaining a driver’s license from a section of about 200 meters from the front of the 200-meter radius between D and the front of B’s house located, on the roads of the Jin Changwon-gun dialogue D, Gangwon-do, the dialogue between Gangwon-do and the front of B.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s statement;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. On-site photographs;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is as follows: (a) the Defendant filed an appeal with the Chuncheon District Court on June 17, 2013 for a fine of six million won due to the violation of the Road Traffic Act (driving) and the violation of the Road Traffic Act (Free Driver’s License) in the Young-gu Branch of the Chuncheon District Court on June 17, 2013; and (b) is under influence of alcohol again without being aware