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 August 13, 2013, the Defendant driving a B observer car without obtaining a driver’s license from the front day of the “construt male who is in clean” fluent in the long-term dong located in Gyeonggi-si Kimpo-si, to the front day of the “construt” restaurant located in the appraisal dong at the same time.

2. On August 13, 2013, at around 22:40, the Defendant violated the Road Traffic Act (e.g., refusal to measure the drinking level), the Defendant was found to have been on the front of the restaurant, and on the front of the restaurant, at around 112 reported to the effect that “the driver is going on the road while the vehicle door is open,” and there was a reasonable ground to recognize that the Defendant driven under the influence of alcohol, such as smelling and soundinging red on the face. As such, the Defendant was demanded in the above C police box to respond to the measurement of drinking level by inserting the measuring machine over about 20 minutes from around 22:57 to 23:19 of the same day.

Nevertheless, the Defendant was demoted to the effect that “the Defendant did not drive” and avoided it, and did not comply with a police officer’s request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, photograph (Refusal of measurement) and the register of users of a drinking measuring instrument;

1. Application of the circumstantial report on driving without licenses, and the ledger 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. The confession and reflect of the instant crime under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, and there is no other penal power except for the punishment imposed on driving under the influence of alcohol twice at around 2008.