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

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

Punishment of the crime

The defendant is a person who illegally stays in Vietnam's nationality.

1. On January 9, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a Maz car at the section of approximately 3 km to the road front of the building, which is located in the same city and in the same city, on the street in front of the lag of the lag of the lag, Kim Jong-dong, without obtaining a driver’s license, on January 23:35, 2018.

2. The defendant, who violated the Road Traffic Act (refluence of drinking), driven a motor vehicle while under the influence of alcohol on the road in front of the building for a pair of motor vehicles agent at the above end of the day, or from the border E belonging to the police station D belonging to the Kimhae-gu Police Station D of the Kimhae-do, sniffing red on the face, making a drinking, and making a drinking while drinking.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 10 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기의 불대를 물지 않고 입김을 불어 넣는 시늉만 하는 등 음주 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A photograph refusing measurement;

1. Statement of the circumstances of the driver involved in driving;

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, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: The necessity for strict punishment in light of the risk of driving alcohol, not only the defendant driving a drinking, but also the police officer's refusal to comply with the measurement of drinking alcohol, etc.