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. The Defendant is a person engaging in driving service of a vehicle BM5 vehicle.

On November 1, 2018, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from D(D) of the C Zone Coordinate of the Highway, which was called out, after receiving a report that the Defendant driven a motor vehicle at a point 54 km in the direction of the Preferred Highway between 06:30 meters and driving the motor vehicle under the influence of alcohol.

Even if there are reasonable grounds to determine a seal, the police officer did not put the breath to the breath of alcohol in a breath of approximately 22 minutes from around 07:16 to around 07:38 of the same day, and did not comply with a police officer's request for a measurement of drinking without justifiable grounds by evading the demand.

2. On the date and time set forth in paragraph 1, the Defendant violated the Road Traffic Act (unlicensed driving) driven BM5 automobiles without a vehicle driver’s license within approximately 50 km from the place of residence to the place set forth in paragraph 1, in Seo-gu, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of crackdown on drinking;

1. Refusal of measurement and vehicle photographs;

1. A route for moving a motor vehicle under consideration;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2), subparagraph 1 and 43 of Article 152 of the Road Traffic Act, and the choice of imprisonment, with labor, for the crime;

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 on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as the observation of protection and the order to provide community service and the order to attend a lecture: The poor quality of the crime, the high risk of driving on an expressway in drinking condition, and the circumstances favorable to the previous conviction of a fine: The defendant's age, sexual behavior, environment, motive, means, and means of the crime are expected to reflect his fault.