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 September 15, 2018, the Defendant was driven under the influence of alcohol in front of a large-scale apartment building located in the 13-ro 25-gil of Gangseo-si, Gangnam-si, which is located in the direction of 22:5 on September 15, 2018, by the Defendant, from a slope C belonging to the district unit of the Gangseo-gu Police Station B of the Gangseo-gu Police Station called by the Defendant upon receiving a report of his/her driving under the influence of alcohol, such as the Defendant being driven under the influence of alcohol, such as a large-scale and face of drinking in the Defendant’s entrance,

If there is a reasonable reason to determine a person, he/she is requested to comply with a drinking test, but he/she does not comply with it, and he/she does not explicitly refuse the measurement at 23:11 on the same day

In other words, the police officer did not comply with the drinking test without any justifiable reason.

2. On September 15, 2018, in violation of the Road Traffic Act (unlicensed Driving), from the second apartment parking lot of the 2nd apartment located in the 37 mnive-ro of the Gangseo-gu, Gangseo-si, the 410-lane, the same city-based from the 37rd apartment parking lot to the front road of the 25 mnive-ro, the driver was driving a D low-speed car without obtaining a driver's license from the 4km section to the front road of the 4km apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement report, investigation report (the circumstantial report of the driver in charge of driving), and investigation report (the details of regulating the refusal of measurement of drinking);

1. 112 Application of Acts and subordinate statutes to the 112 Report Processing List, and the driver's license ledger;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of imprisonment with prison labor chosen;

1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the period of punishment plus the long-term punishment for two 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. Protective observation and community service order under Article 62-2 of the Criminal Act;