A defendant shall be punished by imprisonment for not more than ten 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 February 10, 2012, the Defendant was issued a summary order of KRW 2.5 million for a violation of the Road Traffic Act (drinking) at the Suwon District Court’s Pyeongtaek District Court’s House on February 10, 201, and a summary order of KRW 3 million for the same crime at the same court on November 26, 2014.

1. On April 3, 2016, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as drinking alcohol, smelling the Defendant, drinking the alcohol on the front side of D in Ansan-si C while driving a motor vehicle EM520 on the front side of D in Ansan-si C; (b) while driving a motor vehicle under the influence of alcohol, the Defendant driven a motor vehicle under the influence of alcohol, such as a snick F of the Ansan Police Station.

There is a reasonable reason to designate a person, and it was demanded to respond to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument three times between the police box of the Ansan Police Station.

Nevertheless, the defendant avoided his head and body by the method of learning his head and body and did not comply with a police officer's request for alcohol testing without justifiable grounds.

2. On the day specified in paragraph 1 of the above provision, Defendant 1 driven the EM520 car from D in the front of the road in Ansan-si C without obtaining a driver’s license at the time of the above paragraph (1) to the adjacent road of about 10 meters from the Do to the intersection adjacent thereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Each photograph;

1. Previous convictions in judgment: Inquiry about criminal history, investigation report (the previous and confirmation), and application of each of the Acts and subordinate statutes governing summary orders;

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. Protective observation and community service order under Article 62-2 of the Criminal Act;