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

On December 30, 2017, the Defendant: (a) around 20:00, at the Seo-gu Incheon Seo-gu Seoul Building Parking Lot, the Defendant was demanded by a police officer to comply with a drinking measurement by inserting approximately 30 minutes into a drinking measuring instrument without a driver’s license; (b) the Defendant, who was so demanded, without a driver’s license, to drive the said vehicle while under the influence of alcohol, such as smelling, snicking, walking, walking with a string, and reporting on a third party’s drinking-related driving.

Although there is a considerable reason to determine the person, police officers did not comply with the above demand for alcohol testing.

Accordingly, the defendant driving a coo car into D without a driver's license, and did not comply with a police officer's request for alcohol measurement.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection (non-compliance with measurement of alcohol under road traffic laws);

1. The circumstantial statement report and investigation report of the driver at the main place of business;

1. Notification of the results of crackdown on drinking;

1. On-site photographs and photographs refusing to measure;

1. Application of the notification-related Acts and subordinate statutes to the 112 Reporting Department;

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. On the grounds of sentencing under Article 62-2 of the Criminal Act, the sentence like the order shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, sex, environment, motive and circumstance of the instant crime, means and method of the instant crime, and circumstances after the crime was committed.

Unfavorable circumstances: the Defendant has been sentenced to three times a fine (one million won on November 27, 2009, KRW 2500,000 on February 9, 201, and KRW 5 million on July 14, 2015) due to a violation of the Road Traffic Act.