A defendant shall be punished by imprisonment for not less than eight months.

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. On April 2, 2017, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was found to have driven a vehicle while under the influence of alcohol by the Defendant, while driving the vehicle at the agricultural economic business establishment of the luminous No. 8-3, 652, e.g., Gwangju-gun, Hongcheon-gun, Hongcheon-gun on April 14:45, 2017, where the Defendant was in the influence of alcohol, by driving the vehicle ten minutes prior to approximately 10 minutes, and driving the vehicle while under the influence of alcohol, such as making the Defendant snicken and fluening the Defendant.

If there are reasonable grounds to determine a person, C was requested to comply with the measurement of drinking by inserting the measuring instrument for drinking from E in the Red Police Station D District of the Hongsung Police Station located in C, but the police officer did not comply with the request for measurement of drinking without justifiable grounds by refusing the measurement of drinking at around 15:32 on the same day, around 15:45 on the same day, around 16:08 on the same day, and at around 16:08 on the same day.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving on a G Poter vehicle without obtaining a driver’s license from around 14:45 on the same day in a section of about 3 km from the front of the Defendant’s residence to the front of the said luminous economic business establishment.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the register of driver's licenses, a written control report, a statement of the circumstances of the driver's license, investigation report, photographs rejecting any measurement;

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 43 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license), and selection of imprisonment with prison labor for a crime;

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. In full view of the following circumstances of sentencing under Article 62-2 of the Social Service Order Criminal Act and the Defendant’s age, sex, environment, and the circumstances before and after the instant crime, the punishment as ordered shall be determined by comprehensively taking into account all the conditions of sentencing indicated in the records.

The crime of this case is committed.