A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On May 17, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a FM5 vehicle in the section of about 84 meters from around 84 meters to around the Defendant’s house located in Bosung-gun, through E’s house located in D, without obtaining a driver’s license for a vehicle at around 02:03, May 17, 2017.

2. On May 17, 2017, the Defendant was under the influence of alcohol, such as drinking alcohol from a slope H belonging to the G police box of the G police station of Bosung, called the Defendant, while under the influence of alcohol, at around 02:43, the Defendant was driven under the influence of alcohol, by putting the vehicle on a driver’s seat of FSM5 vehicle stopping on the road near the Defendant’s house located in Boseong-gun C, and having been reported to the effect that there was a person boarding the vehicle.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and E;

1. A report on internal investigation, a photograph refusing to measure drinking, and a report on internal investigation (in the case, an on-site photograph);

1. Reports and investigation reports on the detection of drivers engaged in the primary business (report on the situation of the drivers engaged in the primary business);

1. 112 Reporting case handling table;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. The main sentence of Article 62 (1) of the Criminal Act;

1. The circumstances and the Defendant’s senior 3 and senior 1 person under the grounds for sentencing under Article 59(1) of the Act on the Observation, etc. of Protection and Community Service Orders and the main sentence of Article 62-2(1) and (2) of the Criminal Act.