A defendant shall be punished by imprisonment for six months.

Criminal facts

On February 3, 2016, the defendant was sentenced to 8 months of imprisonment or 2 years of suspended execution at the Changwon District Court for a violation of the Road Traffic Act, and the judgment became final and conclusive on February 12, 2016 and is still under suspended execution.

1. On June 5, 2016, around 06:10 on June 5, 2016, the Defendant, while driving a DNA car in front of the C convenience store located in Kimhae-si B, had arbitrarily driven the vehicle in front of the said convenience store on the ground that he assaulted E before the said convenience store.

As there are reasonable grounds to recognize that the Defendant was driven while drunkly under the influence of alcohol, such as influent nature, etc. in the earth’s face, the Defendant was required to respond to the measurement of alcohol by inserting the breath in a total of four times from 07:15 to 07:52 on the same day by inserting the breath of alcohol in the earth’s face.

Nevertheless, the defendant did not comply with the drinking test by a police officer without any justifiable reason.

2. Around 06:10 on June 5, 2016, the Defendant was driving a DNA car without obtaining a driver’s license from a section of about 30 meters from the 30-meter radius to the C convenience store located in the ship located in the Joseon-si, Kimhae-si.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A report on the actual state of the driver;

1. Registers of driver's licenses;

1. Photographs;

1. Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment, etc. of written judgments);

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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. Discretionary mitigation of punishment is the same as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act.