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 February 20, 2018, the Defendant violated the Road Traffic Act (refluence of drinking), at around 22:55, the Defendant was exposed to the police officer who was under the influence of drinking on the front road of the apartment, while driving a DNA car from approximately 15km to the front road of the apartment.

At the time, the Defendant driven under the influence of alcohol, such as a sniffly drinking, a heavy sniffying, a light string, and a light string to the extent that the body is not well accumulated.

The police officer of the Jinhae Police Station E was requested from F to F to 23:09 on the same day on three occasions from 23:07 to 23:19 on the same day, but he/she did not comply with the request without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a D EM car without obtaining a driver’s license at the same time and place as paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Each investigation report (report on the situation of the driver in charge and the details of crackdown) and the register using the measuring instruments for drinking alcohol;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for the above two crimes is aggregated);

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. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant, without being aware of the history of punishment three times due to drinking driving, has already been punished, and without permission, drives a motor vehicle while under the influence of alcohol, and refused to comply with a request for measurement of drinking by a traffic control police officer.