A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On October 21, 2012, the Defendant, without obtaining a driver's license on October 21, 2012, 22:05, driven a road in front of the stone bridge in the Jung-gu Daejeon, Daejeon, while drinking the road, considered that a slope D, etc. belonging to the Daejeon, the traffic safety department of the Daejeon, the traffic safety department of the Daejeon, and set up and performed a vehicle at least 20 meters prior to driving.

Even though the above D had reasonable grounds to recognize that he was driving under the influence of alcohol, such as smelling, smelling, drinking distance, etc., and demanding the Defendant to comply with a drinking measurement by inserting approximately 30 minutes in a manner of drinking measuring instruments, the Defendant refused it and did not comply with a police officer’s request for a drinking measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Control note;

1. The circumstantial statement of the employee;

1. Photographs;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act and Articles 43, 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting a crime;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the punishment of the two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act (Taking into account reflectiveness, partial circumstances of crimes, etc.);