A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around 03:40 on July 9, 2013, the Defendant driven a C Benz car without a driver’s license on the front side of the “E1 charging station” located in the Sinsan-dong-dong-dong-dong-dong (U.S.).

2. On July 9, 2013, from around 04:10 to around 04:36, the Defendant violated the Road Traffic Act (refluence of the measurement): (a) in the area E zone of the Sinsan Police Station located in Yongsan-gu, Yongsan-gu, Yongsan-si; (b) the Defendant was found to have stopped the said vehicle on the second-lanes of the roads specified in paragraph (1) while standing in the driver’s seat; and (c) there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a fluencing of the said vehicle on the two-lanes of the roads specified in paragraph (1); and (d) the Defendant was required to take a drinking test at intervals of 9 to 17 minutes from the border F, which belongs to the said district, and refused to take such a test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. A written report from an employee of an employer;

1. The user ledger of the measuring instruments for drinking;

1. Details of the disposition for cancellation of the driver's license;

1. The General of Driver's Licenses (A);

1. Photographs;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation ( considered favorable circumstances among the reasons for sentencing below) are as follows: (a) a fine of KRW 2.5 million is imposed by the Incheon District Court on February 18, 2003 due to a crime of violation of the Road Traffic Act (driving) at the Incheon District Court; (b) a fine of KRW 1.5 million due to a crime of violation of the Road Traffic Act (driving) at the Jungyang Branch Branch Branch of the Jung-gu District Court on January 30, 2009; (c) a fine of KRW 1 million due to a crime of violation of the Road Traffic Act (licensed Driving) at the same court on April 15, 2009; and (d) the same court on May 14, 2013 at the same court.