A defendant shall be punished by imprisonment for one year.

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 30, 2016, the Defendant was driven under the influence of alcohol, such as a vehicle suspected of driving alcohol at the floor of C hospital in Young-gu, Young-gu, Suwon-si, by receiving a report from the head of the police box affiliated with the police box of the Suwon-gu, Suwon-gu, Police Station D, who called out after receiving a 112 report that there is a vehicle suspected of driving alcohol. As a result, the Defendant was driven under the influence of alcohol, such as a vehicle showing reaction of drinking alcohol, smelling on the face of alcohol, etc.

인 정할 만한 상당한 이유가 있어 위 경찰관으로부터 같은 날 19:19 경부터 같은 날 19:39 경까지 3회에 걸쳐 음주 측정 요구를 받았으나, 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하였다.

Accordingly, the defendant refused a police officer's demand for a drinking test without a justifiable reason.

2. On August 30, 2016, the Defendant driven a coo vehicle into F without obtaining a driver’s license in a section of about 5 km from the Jung-gu, Young-si to the front floor of the C Hospital located in Suwon-si, Suwon-si, Suwon-si, Suwon-si, to the extent of about 18:49 on August 30, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. G statements;

1. Statement of the circumstances of the driver in charge and on-site photographs;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1, and Article 43 (Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment for each sentence of imprisonment;

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 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for and unfavorable circumstances of sentencing under Article 62-2 of the Criminal Act: In light of the previous record of drinking alcohol driving (the criminal record including the criminal record that caused a traffic accident due to drinking driving, not a simple drinking driving), and the circumstances leading to the detection of drinking driving of the instant case, the danger of being considered (the defendant's traffic accident due to drinking driving)