A defendant shall be punished by imprisonment for one year.

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

1. Around 22:00 on April 4, 2017, the Defendant driven a DMW car without a driver’s license in the five-meter section adjacent to the C Building in Seodaemun-gu Seoul Metropolitan Government.

2. Violation of the Road Traffic Act (refluence of drinking), Defendant 1 driven the said BMW car at the same time and at the same place as indicated in the above Paragraph 1, and stopped the vehicle at the middle of the road by locking. The Defendant 1 driven under the influence of alcohol, such as smelling, smelling, snicking, gaing, etc., of the Defendant from the police officer F of the Seoul Seodaemun-gu Police Station E box called for 112 due to traffic obstruction and driving the vehicle at the middle of the road.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

Nevertheless, the defendant refused the above demand for measurement of drinking so that he did not comply with a police officer's request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act 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. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentence identical to the order shall be determined by comprehensively taking into account the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime committed under Article 62-2 of the Criminal Act and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, etc.

D. Unfavorable circumstances: On the road, a vehicle is driving three times due to drinking driving, three times without a license, or one time of criminal punishment due to driving without a license, but again commits the instant crime; while driving under drinking, a vehicle is at the middle of the road.