A defendant shall be punished by imprisonment for one year.

Punishment of the crime

On February 9, 2017, the Defendant was sentenced to six months of imprisonment or two years of suspended execution as a crime of violating the Road Traffic Act at the Busan District Court on February 9, 2017, and such judgment became final and conclusive on February 17, 2017, and is currently under suspended execution.

1. On October 7, 2017, the Defendant was under the influence of alcohol, such as drinking alcohol, drinking alcohol, drinking alcohol, drinking alcohol, etc., by driving a BMW car at the front of the 26-1 Hyundai Apartment-dong, Busan-gu, Busan-gu, Busan-do, under the influence of drinking on October 7, 2017 at around 08:10.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 33 minutes into a drinking measuring instrument.

Nevertheless, the Defendant, “dices alcohol, but has not been driven but there is no reason to comply with the measurement of alcohol consumption”, and avoided this and did not comply with a police officer’s request for the measurement of alcohol consumption without justifiable reasons.

2. The Defendant, at the time stated in paragraph 1, driven BMW car without the driver’s license, from the front of the new Mora intersection in the Dong of the Busan-gu, Busan-gu, Busan-do, the GMW car from the front of the road to the front of the Busan-gu, the GMW car without the driver’s license.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to previous rulings) and statutes;

1. The relevant Article of the Act and Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure drinking), 152 subparagraph 1, and 43 (a point of non-licensed driving) of the Road Traffic Act concerning facts constituting an offense, and imprisonment with prison labor, respectively;