A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] The Defendant is a person who has been sentenced to a fine of KRW 5 million at the Gwangju District Court on December 20, 2012, and a fine of KRW 2.5 million at the Gwangju District Court on April 7, 201, and a person who has been sentenced to a fine of KRW 2.5 million for the same violation of the Road Traffic Act at the Youngcheon District Court on December 20, 201.

【Criminal Facts】

1. On November 21, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at the coast guard located in the west-gun, Changbuk-gun, and without obtaining a driver’s license on the west-gun.

2. On November 21, 2013, the Defendant violated the Road Traffic Act (refluence of the noise measurement) (i.e., the Defendant stopped on the side side at a point of 83 km away from the coastwise Highway, which is located on the new west-gun, Chang-gun, Chungcheongnam-gun, North Korea on November 12, 2013, and was down to the seat of the driver under the influence of alcohol.

The Defendant received a report on the existence of a drinking driver and received a request from the Defendant to respond to the measurement of drinking alcohol by inserting approximately 20 minutes in a breath of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s sloping D and E, smelling on the face of the expressway patrol team, snicking on the face, and snicking reaction to the sobreath, etc.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A E-document;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

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

1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation.