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

On October 06, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as the flow of the center line at the center near the road in front of the store C located in U.S. Dong-gu, U.S. on March 106, 2018 without obtaining a driver's license, and the Defendant was exposed to a slope F belonging to E District in the Dong-gu Police Station E District of U.S., U.S., in front of the store C, while driving the motor vehicle under the influence of alcohol, such as the Defendant's walking condition is very small, the Defendant's face color is high, and the Defendant's walking condition is high, the Defendant's face color is high, and the reaction of the reduction of drinking alcohol occurs.

There was a reasonable reason to determine a person, and it was demanded to respond to the alcohol measurement by inserting the breath in three times between about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution against the F;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge) and on-site photographs;

1. A report on investigation;

1. The ledger using the measuring instruments for drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

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

1. In light of the fact that there are once the records of punishment for driving under the reason of sentencing under Article 62-2 of the Criminal Act, and the police officer’s demand for drinking is not complied with, the crime is inferior, and the defendant was discovered while driving under drinking while parked.