A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On August 26, 2016, the Defendant was driving a ENEW ENW EF rocketing car without obtaining a driver’s license from the front of the Defendant’s residence in Spaspoon B at Spapoon on August 12, 2016 to the front of D in C at around 16:50 on the same day.

2. On August 26, 2016, the Defendant was found to have driven a NEW ENF rocketing car under the influence of drinking around 17:3 on August 26, 2016, while driving the vehicle under the influence of alcohol, and was found to have stopped on the front of the D located in Seopo City C, and was under the influence of alcohol from G belonging to the Jeju Western Police Station at around 17:47 on the same day to the Defendant, from around 17:47 on the same day, he/she driven the vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and raising red on his/her face.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting three times in a so-called so-called drinking measuring instrument three times between 30 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each report on investigation;

1. A copy of the ledger using drinks for drinking;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the suspended execution (Article 62 (1) of the Criminal Act on the following grounds for sentencing);

1. The reasons for sentencing under Article 62-2 of the Criminal Act include the Defendant’s age, sex, environment, circumstances after the commission of the crime, the two sentences in similar cases, and other various sentencing conditions as shown in the argument of the instant case.