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

However, 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 July 20, 2007, the Defendant issued a summary order of KRW 400,00,000 from Busan District Court to a fine for a violation of the Road Traffic Act ( sound driving), and on April 4, 2016, to a fine of KRW 400 as a violation of the Road Traffic Act (driving) at the Busan District Court's Dong Branch Branch.

Criminal facts

1. On April 6, 2016, the Defendant violated the Road Traffic Act (refluence of the noise measurement) at around 23:40, the Defendant demanded the Defendant to comply with a drinking test by inserting the alcohol measuring instrument into a drinking measuring instrument for approximately 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as influence, and that the Defendant was driven under the influence of alcohol on the part of the Defendant at the time, while driving the C cafeteria in front of the Busan Southern-gu Busan-gu Busan-do, and driving the D cafeteria from the boundary of the United Nations intersection to the large distance outflow. However, the Defendant failed to comply with the drinking test without justifiable grounds, although he was required to comply with the drinking test by inserting the measuring instrument into the drinking measuring instrument for about 30 minutes.

2. Around April 6, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without a driver’s license, a approximately KRW 1.5 km from the front of the office of Mamo-Mamodong in Nam-gu, Busan to the front of the office of Mamo-gu to the front of the cafeteria located in the same Gu B.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. A photograph refusing to measure drinking;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose the penalty (the rejection of a drinking alcohol measurement, the choice of imprisonment), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend a law-abiding lecture under Article 62-2 of the Criminal Act