A defendant shall be punished by imprisonment with prison labor for not more than ten 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

1. On September 18, 2014, at around 20:10, the Defendant was demanded to comply with a drinking test by inserting alcohol into a drinking measuring instrument three minutes on the front of the Samcheon Library located in Samcheon-gu, Samcheon-gu, Jeoncheon-gu, Jeoncheon-si, the Defendant, while driving a choxG car with drinking alcohol, there is considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, etc. from E from the circumstances belonging to the Jeonjunan Police Station D District Unit of the Jeonnan Police Station, while driving a choxG car with drinking alcohol.

Nevertheless, the Defendant did not comply with the blood alcohol measurement of police officers without any justifiable reason by avoiding the measurement, making a statement that he did not drive under the influence of alcohol.

2. The Defendant driven the said car without obtaining a driver’s license in a section of about 500 meters from the front to the front road of the Ya apartment road located in Samcheon-gu, Samcheon-gu, Samcheon-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. A report on internal investigation (recording, etc.);

1. The circumstantial statement of the employee;

1. The results of appearance, uniform, language, and attitude of a drinking driver;

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

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. On June 9, 2010, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act at the Jeonju District Court on the grounds of sentencing under Article 62-2 of the Criminal Act.