A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On November 17, 2017, the Defendant was driving a D K7 vehicle without obtaining a driver’s license in a section of about 70 meters from the road near the road No. 305-ro 305 of the Gu-ro in Ansan-si to the front of the street No. 22 of the same Gu-ro from the road No. 305-ro 22 of the same Gu-ro during the safe-speed-si period.

2. Violation of the Traffic Act (Refusal of measurement of drinking), the defendant, while driving a vehicle at the time and place specified in paragraph (1) with drinking alcohol, driven the vehicle under the influence of alcohol by a police officer who was reported by a witness while driving the vehicle at the above K7 driver, appears to have the result of measurement of the influence of drinking by a police officer, and driven the vehicle under the influence of alcohol by drinking, such as a red light on the face and smelling it.

Due to reasonable grounds to determine a person, the police officer was required to respond to the measurement of drinking in a manner of inserting the measuring instrument three times in total at the above place at around 23:50 on the same day, around 23:55 on the same day, around 00:00 on the same day.

Nevertheless, the defendant did not comply with a police officer's request for a measurement of drinking without justifiable grounds in a manner that does not take a drinking measuring instrument.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under the liquor:

1. On-site photographs;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Articles 148-2 (1) 2, 44 (1) and 152 (1) and 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of imprisonment with prison labor chosen;

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

1. The reason for sentencing under Article 62-2 of the Criminal Act on the protection and observation, and the order to attend a lecture, was that the Defendant driven while under the influence of alcohol content 0.197% on May 2017, and received a summary order of a fine of KRW 3.5 million on June 2017, the Defendant again committed the instant crime of refusing to measure drinking, even though there was no past record of being sentenced to the summary order of a fine of KRW 3.5 million on June 2017.

The defendant shows his attitude to reflect his mistake.