A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 1, 2018, the Defendant was driving C lap without obtaining a driver’s license on the third apartment building in front of 101 on the road, taking into account the 101:59 Gyeong-dong on September 1, 2018.

2. On September 1, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was driven under the influence of alcohol by the Defendant, such as drinking alcohol reduction in the Defendant’s day-to-day after receiving a report from 112 at the places indicated in paragraph (1) around 02:52 on September 1, 2018, on the condition that the Defendant driven under the influence of alcohol, such as drinking alcohol reduction in the Defendant’s day-to-day driving from the superintendent of the police station D District of the Rab Police Station called “a person who makes an assault by drinking.”

There are reasonable grounds to determine a person, which was demanded to respond to the measurement of drinking in a manner that contains approximately 20 minutes of approximately 20 minutes ( around 02:46 of the first measurement, around 02:52 of the second measurement, around 03:07 of the third measurement).

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하거나 이를 회피하는 방법으로 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. 112 Reporting case handling table;

1. Report on the circumstances of the driver who takes the drinking and the measurement photograph thereof;

1. The driver's license ledger;

1. Arrest or report of a violation of traffic laws (a driver's license or non-license for refusing to measure drinking);

1. Investigation report (limited to driving of vehicles and images which refuse to measure drinking);

1. Application of the Act and subordinate statutes to investigation reports (verification of the content of the video CDs);

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. An order to attend a course under Article 62-2 of the Criminal Act;