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 became final and conclusive.

Punishment of the crime

1. On May 2, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving at approximately 50 meters away from the front road of the sunlight Industries Co., Ltd. in the Yellow City Kim Jong-si to around 56, 2013, without a vehicle driver’s license.

2. On May 2, 2013, at around 00:55, the Defendant was required to comply with the measurement of alcohol in a manner of inserting the breath of alcohol in a breath of the Kim Jong Police Station E zone in Kim Jong-si, Kim Jong-si, who was reported that the Defendant driven the alcohol while drinking at the Kim Jong-si, and received a report from the defendant an slope F belonging to the Kim Jong-gu, Kim Jong-gu, the E zone, and making the breath of the face of the breath while under the influence of alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the driving ledger;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to reduce the amount of punishment (see, e.g., the very short distance from driving with or without a license, the fact that the distance from driving with or without a license is very short, the fact that there are only the past records sentenced to a fine one time for the same criminal record, and

1. Article 62 (1) of the Criminal Act (Discretionary Reasons for Discretionary mitigation)