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 September 3, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving at around 17:30 on September 3, 2015, the 2km car without the driver’s license from the mutual influence restaurant located in the Seoyang-si, Namyang-si, the Namyang-si, the Namyang-do, to the road front of the open cafeteria located in 583-6, the 2km area of the same Si/Do.

2. The defendant has driven a motor vehicle while under the influence of alcohol, such as drinking, smelling, snicking on the face of the police officer E who belongs to the D zone located in C on the same day at around 18:00 on the same day.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole 30 minutes into a drinking measuring instrument four times in a total.

Nevertheless, the defendant refused this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating driving of alcohol, statement of the situation of driving of alcohol and report on the situation of driving of alcohol;

1. A photograph not taken against measurement;

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

1. Each choice of imprisonment with prison labor, taking into account the facts constituting an offense and the relevant legal provisions of Article 152 subparagraph 1 of the Road Traffic Act, Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act, refusal to take measurements of drinking, refusal to take measurements of drinking, driving without a license, etc., and other factors;

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 (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201);

1. Article 62 (1) of the Criminal Act on the suspension of execution (resumed grounds for reduction of the amount of punishment);

1. Article 62-2 of the Criminal Act concerning community service and order to attend lectures;