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

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

Punishment of the crime

On March 16, 2010, the Defendant received a summary order of KRW 2.5 million from the Jeju District Court to a fine for a violation of the Road Traffic Act, and a summary order of KRW 2 million from the Jeju District Court to a fine for the same crime on January 18, 2016, respectively.

1. The Defendant violated the Road Traffic Act (unlicensed driving) even though the validity of the driver’s license was suspended from January 16, 2016 to April 24, 2016, the Defendant driven CK5 car in the section of about 2km from March 14, 2016 to the front road of the National Assembly member who participated in the same tri-dong, driving on March 14, 2016, when around 00:05.

2. Violation of the Road Traffic Act (Refusal of a drinking test) has considerable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s eye was hympted and rhymed by a simple drinking test conducted after avoiding the drinking control that was conducted at a time and at a place under the above paragraph (1) of the same Article, and the Defendant was demanded to take a drinking test by a police officer belonging to a police station.

Nevertheless, the Defendant refused to comply with a police officer’s demand for drinking alcohol measurement without justifiable grounds by avoiding the doping of “absing off water, making a person to make a phone calls,” and avoiding the doping.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. The user ledger of the measuring instruments for drinking;

1. Application of the statutes on the register of driver's licenses;

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act of probation and order to attend a lecture: The same shall also apply to drinking driving force two times.