A defendant shall be punished by imprisonment for one year.

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 September 22, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a motor vehicle within approximately 150 meters from the front side of the Dogsan Pool in the Jin-si, Jin-si without obtaining a driver’s license for a motor vehicle on September 22, 2016 to the front side of the “D” located in C.

2. When the Defendant was driving a motor vehicle at the same time and at the same place as paragraph (1), he/she was under the influence of alcohol due to the reduction of drinking, smoking, marking of drinking, etc., on the face of the Defendant from the Jinju Police Station F District Group 2 Team slope G of the F District Police Station, with the influence of alcohol, while driving the motor vehicle at the same place as paragraph (1).

On September 23, 2016, from around 00:15 to around 00:58 on the same day, a request was made to respond to the measurement of drinking alcohol by inserting the measuring instruments four times on four occasions, but the request was made without any justifiable reason, thereby refusing the measurement of drinking.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. The driver's license ledger;

1. Application of three Acts and subordinate statutes to field photographs and video CDs refusing to measure drinking;

1. Relevant Article 152 Subparag. 1, Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 148-2 Subparag. 2, and Article 44(2) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. In light of the fact that the defendant committed each of the crimes of this case even though he had been punished several times due to the same drinking, refusal of drinking alcohol measurement, and the crime of non-licensed driving, etc., the reason for sentencing under Article 62-2 of the Criminal Act, although the criminal liability of the defendant is not less than that of the defendant, the defendant's criminal liability is not less than that of the crime: Provided, That it is the fact that the defendant's late reflects his criminal act