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

except that 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. Around 01:00 on June 30, 2014, the Defendant driven a vehicle with approximately 2 km B Sti-type B in front of the Daegu Suwon-dong-gu Haakdong-dong, Daegu-dong, Daegu-dong, without obtaining a driving license, around 01:0.

2. Violation of the Road Traffic Act (Refusal to measure a noise level) caused a traffic accident that conflicts in front of the subway station station in Daegu-dong, Daegu-dong, while driving the said B SPP car on a temporary basis, such as the above paragraph (1).

After that, on June 30, 2014, around 02:25, the Daegu Dong-gu Police Station D District District of the Daegu Dong-gu Police Station located in Daegu Dong-gu C, and on the grounds that there are reasonable grounds to recognize the defendant as driving under the influence of alcohol, such as voluntary driving due to the above traffic accident and smelling the defendant, etc., the defendant did not comply with the police officer's measurement without justifiable grounds despite the fact that the defendant was required to take a drinking test for three times in total from the E circumstances belonging to the above district

Summary of Evidence

1. Defendant's legal statement;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to the report on the timely departure of a driver and the report on the statement of the status of an employer;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for sentencing under Article 62(1) of the Criminal Act on November 5, 2013 of the suspended sentence is that the Defendant was issued a summary order of a fine of KRW 3.5 million for the crime of violating the Road Traffic Act on November 5, 2013, and the driver’s license was revoked, but the Defendant was discovered while driving a vehicle again under the influence of alcohol, and that the Defendant was driving another vessel other than the principal even though it was discovered by causing an accident involving vehicle separation units.