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. Around April 11, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a Do-type car without obtaining a driver’s license in a section of about 1 km from the street in front of the rest area in front to the front of the house of C in front of the house in front of the rest area in Mancheon-gun, the Simn-gun, the Sim-do-type car was driving without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) provided that while driving a road in front of the house C at a temporary border such as paragraph (1) of this Article, the Defendant stopped the Defendant’s vehicle and did not comply with a police officer’s request for the measurement of drinking alcohol without justifiable grounds, on the ground that there are reasonable grounds to recognize that the Defendant driven the Defendant’s vehicle while under the influence of alcohol, such as drinking, smelling, and shakeing the walking condition, etc., the Defendant was able to recognize that the Defendant driven the Defendant’s vehicle while driving the Defendant’s vehicle at a narrow distance.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, the report on the circumstantial statements of drinking drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports (e.g., history of refusal of measurement);

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act with heavier punishment);

1. Selection of imprisonment with prison labor chosen;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the defendant has been punished several times due to drinking or unlicensed driving in the past.