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

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

Punishment of the crime

[criminal history] The defendant has the record of having received a summary order of KRW 5 million from Daejeon District Court on March 18, 2014, which is sentenced to a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving) on April 14, 2009, a fine of KRW 2.5 million due to a violation of the Road Traffic Act (driving without a license) and a violation of the Road Traffic Act (driving without a license) on August 26, 2008, and a person who has received a summary order of KRW 1 million on August 26, 2008.

[Criminal facts]

1. On October 11, 2015, the Defendant, in violation of the Road Traffic Act (unlicensed Driving), driven the C Belgium car without obtaining a driver’s license on the front of the 64 large-scale electric engineering road in Daejeon East-gu, Daejeon, Daejeon.

2. Violation of the Road Traffic Act (Refusal of drinking measurement) Defendant 1 driven the above Belgium car while drinking the above Belgium car in front of the above Belgium engineering around the day set forth in the above paragraph 1, and Defendant 2 was driven under the influence of alcohol, such as walking with the front part of the E-mail car parked on the road. Defendant 1 was locked while driving the above Belgium car while driving the vehicle in front of the Belgium car. Defendant 2 was divided from F in the situation where the police station in the Daejeon East Police Station in the Daejeon East East-gu Daejeon District, and walking while walking.

There are reasonable grounds to determine a person, who is requested to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 20 minutes, but did not comply with it without justifiable grounds.

Summary of Evidence

1. Each legal statement of witness G, H and I;

1. Each police statement made to H and I;

1. Investigation report on actual condition, report on detection of a driver at driving, circumstantial report on the driver at driving, inquiry into the results of crackdown on drinking, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2, Article 44 (1) (the rejection of measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense;

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

1. Article 62(1) of the Criminal Act (amended by Act No. 1010, Mar. 1, 201)