A defendant shall be punished by imprisonment with prison labor for up to six 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

1. On April 23, 2016, the Defendant was driving a B Sp-type car without obtaining a driver’s license in the section of approximately 2 km from the 584-9 MM in the direction front of the Heung-dong, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do to the top of the high-speed terminal of the Cheongju-dong.

2. On April 23, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from D, a police officer D belonging to the Kui-gu Seoul District Police Station C for the Cheongju-dong Police Station, while driving the said a motor vehicle under the influence of drinking in front of a high speed terminal of Heung-dong, Goi-gu, Goi-gu, Goi-dong, Goi-gu, Goi-dong, Goi-gu, and driving the motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 40 minutes into a drinking measuring instrument.

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

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

1. Notification of the results of regulating drinking driving;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of 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), 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, 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. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act concerning the observation of protection and order to attend lectures;