A defendant shall be punished by imprisonment for one year.

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 November 20, 2016, the Defendant was driving a DNA cargo vehicle without a driver’s license in a section of about 150 meters from the road near the house located in Seongbuk-gun, Seongbuk-gun, Gyeongbuk-gun, to the road near the Defendant’s house located in Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun.

2. On the same day as indicated in the preceding paragraph at around 20:50 on the same day, the Defendant was driving the said vehicle under the influence of alcohol by the police officer F belonging to the Sungju Police Station, which was under the control of drinking driving, while driving the friendly E in the vicinity of the Defendant’s house located in Seongbuk-gun, Seongbuk-gun, Sungju-gun, the Defendant was under the influence of alcohol, and the Defendant was considered to drive the said vehicle under the influence of alcohol due to the Defendant’s snicking, snicking, face color, red, and inaccurateness in the Defendant’s entrance.

Accordingly, the police officer requested the defendant to take a alcohol test over 21:00 on the same day, 21:10 on the same day, and 21:20 on the same day, but the defendant did not comply with all of the measurements.

Therefore, the Defendant driven a car while under the influence of alcohol.

The police officer did not comply with a request for the measurement of drinking because there are reasonable grounds to determine the person.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reports on internal investigation (the details of non-compliance with the measurement of drinking, field photographs, etc.);

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Articles 152 subparagraph 1 and 43 of the Road Traffic Act; and the choice of imprisonment, respectively;

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. Article 62 (1) of the Criminal Act (including the fact that there is no previous conviction heavier than the fine) ;

1. An order to attend a course under Article 62-2 of the Criminal Act;