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

The defendant is a person who drives a sealed cargo vehicle B.

On July 29, 2017, the Defendant driven a motor vehicle under the influence of alcohol without obtaining a driver’s license of the motor vehicle on July 16:55, 2017, by driving the said cargo from the front of the construction site of the apartment in the Southern-dong, Gwangju Mine-dong, 67 a.m. 48 Donnam-dong, Seoul, to the front of the construction site of the apartment in the Nam-dong, Geumdong-dong, a gold-dong 15 public parking lot, while driving the said cargo at the demand of the Defendant for a stop from the slope D belonging to the police station C of the State Police Station, and in response to the Defendant’s fluence to the Defendant’

Due to reasonable grounds to determine a person, it was demanded from around 17:02 on the same day to around 17:22 on the same day to respond to the measurement of drinking by inserting the whole part of the drinking measuring instrument over about 20 minutes.

Nevertheless, the defendant's refusal to comply with a police officer's request for the measurement of drinking without a justifiable reason while "I am different."

Summary of Evidence

1. Statement by the defendant in court;

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

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

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable condition: The Defendant again committed the instant crime even though he/she was issued a summary order of a fine of KRW 3 million at the Gwangju District Court on May 12, 2017 due to a violation of the Road Traffic Act (driving).

(b) favorable conditions: The defendant's recognition of the instant crime.