A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. Around 05:00 on January 14, 2016, the Defendant driven an Eystren vehicle without obtaining a driver’s license from the front of the restaurant to the front of the D convenience store located in the same Gu, on the 3km section from the day before the restaurant to the day before the D convenience store in the same Gu.

2. On January 14, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, snow snowing, and scaring on the face, while driving a motor vehicle with the Estst following the D convenience store located in the Seojin-gu Seoul Special Metropolitan City on the front of the D convenience store at the Jeonjin-gu Special Metropolitan City on January 14, 2016.

Receiving a request for a measurement of alcohol due to reasonable grounds to determine a person, but rejected on 05:37 on 14. 01. 05:47 on the same day, 05:57 on the same day, 06:57 on the same day, and around 06:07 on the same day, it was required to respond to a measurement of alcohol by inserting again into the F District of the Jinjin-gu Police Station in the Jeonjin-gu, Seoul Special Metropolitan City, H prior to the same day in four times.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I and J;

1. Written statements of J and G;

1. An investigation report (the sequence 2, 3 times as evidence list);

1. Notification of the results of crackdown on driving drinking (Evidence 5) and the ledger of the use of a measuring instrument for drinking alcohol;

1. The driver's license ledger;

1. Application of the Acts and subordinate statutes concerning non-measurement photographs and field photographs;

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, Article 38(1)2 of the Criminal Act, and Article 50 of the Act on the Aggravation of Concurrent Crimes.