A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On November 21, 2012, the Defendant violated the Road Traffic Act (Refusal of Drinking Measures) at around 21:28, the Defendant driven a B LV car and proceeded with the road in front of the amendment tunnel in Busan Dong-dong, and confirmed whether the police officers C belonging to the Busan Dong Police Station of the Busan Dong Police Station, which was under the influence of drinking control in the street, stopped the Defendant’s vehicle and used it for drinking. However, there are reasonable grounds to suspect that the Defendant was driving under the influence of drinking, such as the Defendant’s smelling in his entrance and drinking a alcohol reduction, etc., and accordingly, the Defendant rejected the request from the above C to the 21:28 to the 21:58 of the same day without justifiable grounds.

2. Violation of the Road Traffic Act (Free Driver’s License) was driven by the Defendant at a four-lane section from the mutually unclaimed restaurant located in the Seocho-gu Busan Metropolitan City at the beginning of the port to the modification tunnel mentioned in the preceding paragraph without a driver’s license for a temporary border as referred to in the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the actual status of a host driver;

1. Application of the statutes on the register of driver's licenses;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished three times due to the violation of the Road Traffic Act.

However, it is advantageous to the fact that the defendant has no record of punishment or suspended execution, and that the defendant is able to make a confession and reflect his depth.