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

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

Punishment of the crime

The Defendant is a person whose driver’s license is revoked on December 15, 2012 due to driving under drinking.

On July 21, 2015, at around 00:25, the Defendant driven a motor vehicle under the influence of alcohol, such as a person who drives a motor vehicle under the influence of alcohol in the direction of about 10km from the road near the Seocho-gu Seoul Metropolitan Government Yang-dong, Seocho-gu, Seoul Metropolitan Government to the front of the 208 Sinnam-dong, Sungnam-si, the Sinnam-si, and a person who drives a motor vehicle under the influence of alcohol, such as a person who drives a motor vehicle under the influence of alcohol at around 10km in the direction of drinking control at the site of drinking control, a re

인 정할 만한 상당한 이유가 있어, 음주 운전 단속 현장에서 근무 중인 성남 수정 경찰서 교통 안전계 경장 F으로부터 같은 날 00:35 경, 00:47 경, 01:03 경 세 차례에 걸쳐서 음주측정기에 입김을 불어넣는 방법으로 음주 측정에 응할 것을 요구 받았음에도 불구하고 ' 나중에 하겠다, 담배를 피우고 하겠다' 며 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 경찰관의 음주 측정 요구를 회피하는 등 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

Accordingly, the Defendant was driving without a license and did not comply with a police officer’s drinking measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Results of crackdown on driving under drinking;

1. Application of Acts and subordinate statutes to inquiries about driver's licenses;

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), Articles 152 (1) and 43 of the Road Traffic Act concerning facts constituting an offense: Imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The defendant with reasons for sentencing under Article 62-2 of the Criminal Act, such as observation of protection and community service and order to attend lectures.