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

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

Criminal facts

1. On March 27, 2018, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a 3km car without a driver’s license, from the front day of the C parking lot located in Mansan-gu, Mancheon-si, Changwon-si, Changwon-si, and the front day of the road to the C parking lot located in Mansan-gu, the same city’s member zone B.

2. On March 27, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling the Defendant, from a policeman F belonging to the Masan Police Station E Zone in the Msan-dong Police Station, who was called out after receiving a report of 112 on the occurrence of a vision due to parking problems at the above C parking lot on March 27, 2018.

In light of the reasonable grounds for determining a person, even though he/she was requested to comply with the examination by a drinking reduction method for three times from 22:53 to 23:04 on the same day, he/she did not comply with it. However, he/she was requested to comply with the measurement by inserting the drinking measuring instrument three times from 23:22 to 23:32 on the same day from the E district located in the members G of Chang-si, Changwon-si, Seoul Metropolitan City to 23:32 on the same day, but did not comply with it.

As a result, the defendant avoided drinking so that he did not comply with a police officer's request for drinking without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. The driver's license ledger;

1. A written statement of control police officers;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of the Acts and subordinate statutes to photographs refusing to drink alcohol in a C parking lot, vehicle photographs, E earthbropics refusing to measure the alcohol, and CCTV in a C parking lot;

1. Article 152 subparagraph 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking, the selection of imprisonment, etc.) concerning the crime;

1. The punishment provided for in the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Criminal Act (the term of two crimes above shall be aggregated with the punishment provided for in Articles 38(1)2 and 50 of the same Act for concurrent crimes;