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

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

On August 20, 2015, the Defendant was sentenced to imprisonment with prison labor for six months at the Jeonju District Court (hereinafter “former District Court”) and was sentenced to a suspended sentence on May 19, 2016.

1. On April 17, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving a C Trate in about 1km section from the Defendant’s residence in Ansan-si B without obtaining a driver’s license on April 17, 2016 to the front road of the Cultural Content Museum located in the same Seo-dong and Dong-dong-ro 203.

2. On April 17, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as that the Defendant was under the influence of alcohol, at the E zone of the Ansan Police Station E zone located in Ansan-dong, Dong-dong, Dong-dong, Dong-dong, Police Station, where he/she had a negative response against the Defendant from the nearest F of the said earth, the Defendant’s salkbling and suppression flow, and the eye of the Defendant’s salbling and suppression flow.

There is a reasonable reason to determine a person who has been requested to respond to the measurement of drinking by inserting approximately 30 minutes the whole in a drinking measuring instrument.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided this, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Written confirmation of a person who refuses to comply with a drinking test, notification of the result of crackdown on the driving of alcohol, circumstantial statement of the driver, and the register of driver's licenses

1. Previous conviction in judgment: Application of investigative reporting (the fact that a trial is pending)-related Acts and subordinate statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of two crimes) of the same Act;

1. Articles 53 and 55 of the Criminal Act for mitigation of amount;