A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] The Defendant is a person who was sentenced to a suspended sentence of two years for eight months of imprisonment with prison labor at the Gangnam Branch of the Chuncheon District Court on November 7, 2012 due to a violation of the Road Traffic Act (driving) and the judgment became final and conclusive on the 15th of the same month and is still under the suspended sentence.

【Criminal Facts】

1. Around 22:00 on April 17, 2013, the Defendant: (a) discovered that, while driving a vehicle for Poter freight from the front of the Gangnam-dong Seoul Metropolitan City, in front of the same front of the same Poter, E in the circumstances of the D Zone Zone of the Gangseo-gu Police Station, which is under drinking control in the vicinity of the invasion, the Defendant driven around about 20 meters in excess of the central separation zone; (b) found the Defendant’s condition at the site, after checking the Defendant’s condition, was snicking with the Defendant; and (c) upon measuring the drinking reduction rate, the Defendant was accompanied to the D Zone of the Gangseo-gu Police Station in order to measure the drinking alcohol at the time of measuring the drinking reduction rate.

At around 22:10 on the same day, the Defendant had reasonable grounds to recognize that the Defendant was driving a motor vehicle under the influence of alcohol as above at the D District Office of the Gangnam Police Station located in the same Dong, and received a drinking test request from the above E, but did not comply with the said request three times from that time until 22:44 on the same day without justifiable grounds.

2. On April 17, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 22:00, the Defendant driven C Poter Cargo in the section of about 20 meters from the roads front of the Gangnam-gu Seoul Metropolitan City Seoul Metropolitan City Man-dong (the first vehicle) to the roads front of the same Manterphop, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports, personal identification reports, investigation reports (related to refusal of measurement), on-site photographs, and register of driver's licenses for motor vehicles;

1. Previous records of judgment: Application of inquiry reports and investigation reports (report accompanied by a copy of judgment), such as criminal records;

1. Relevant Article of the Act and Article 148-2 of the Road Traffic Act concerning the crime and the choice of punishment;