A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of 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 December 18, 2016, the Defendant driven a motor vehicle under the influence of alcohol by a police officer belonging to the police station B of the Cheongju petition police station who called up after receiving a report that he/she had driven a motor vehicle under the influence of alcohol in front of the intersection of the principle of the petition district at the time of Cheongju-si, on the ground that he/she was suspected of driving a motor vehicle under the influence of alcohol, such as drinking alcohol and drinking on the face of the Defendant.

Since there are reasonable grounds for the appointment of the Defendant, the Defendant was voluntarily accompanied to the District B of the Cheongju Petition Police Station B located in the Cheongju-si Office, and was demanded from the police officer affiliated with the said District to respond to the measurement of drinking alcohol by inserting approximately 30 minutes in a manner of putting about 30 minutes in a drinking measuring instrument among the police officers belonging to the said District.

Nevertheless, the Defendant avoided the demand for a drinking test and did not comply with a police officer’s request for a drinking test without justifiable grounds.

2. The Defendant violated the Road Traffic Act (Non-licensed Driving) driving of the E-A-Wood-Wood-Woo without a driver’s license at the same time and place as above.

Summary of Evidence

Application of the Act and subordinate statutes to inquire into the defendant's oral statement of the driver;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), 152 subparagraph 1, and 43 (a point of refusing to drive without a license) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

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

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

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Although the Defendant was punished for traffic-related crimes, such as drinking, unauthorized driving, and escapeing vehicles, due to the reason for sentencing under Article 62-2 of the Criminal Act, the Defendant repeated drinking, unauthorized driving, and the police officer’s demand for the measurement of drinking so that it is very difficult to commit a crime by refusing to comply with the police officer’s demand for the measurement of drinking.

However, the execution of imprisonment with labor shall be suspended in consideration of the fact that the defendant reflects the mistake, the age, sex, environment, etc. of the defendant.