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

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

Punishment of the crime

1. On October 3, 2015, the Defendant, at around 16:53, driven an automobile without a license, from approximately 200 meters away from the front road of Kimpo-si to the front road of D in C, without a driver’s license.

2. The Defendant’s refusal to take a alcohol level was required to comply with the alcohol level measurement by inserting the breath of a drinking measuring instrument over about 30 minutes, on the front of the foregoing temporary border D, on the ground that there are reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling, smelling, snicking, etc., from the light of the police box of the Kimpo Police Station, while driving the said vehicle under the influence of drinking.

Nevertheless, the defendant did not comply with a police officer's request for a sobreath test by avoiding the demand for a sobreath test.

Summary of Evidence

1. Defendant's legal statement;

1. A H statement;

1. Investigation report on the actual condition of traffic accidents, reports on the occurrence of traffic accidents, circumstantial reports on drinking drivers, notification on the control results of drinking driving, and the register of driver's licenses;

1. Application of statutes on site photographs;

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. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decisions 201Do1148, Apr. 21, 201; 201Do1148,

1. Article 62 (1) of the Criminal Act (the same shall apply to the reasons for discretionary mitigation);