A defendant shall be punished by imprisonment for not less than eight 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 17:00 on April 13, 2015, the Defendant violated the Road Traffic Act (unlicensed Driving) driving, the Defendant driven a B-cub vehicle without obtaining a driver’s license at a section of about 5 km from the front of a public parking lot in motion to the lower intersection distance of the same city at the same time from the front of the public parking lot in motion to the lower intersection of the same city.

2. On April 13, 2015, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level) received 112 report while driving a ecoos car at the intersection in the middle of the ecuade of the river in Singun-dong and under the influence of alcohol from the slope D belonging to the Singungun Police Station, which called the Defendant after receiving 112 report while driving the ecoos car under the influence of alcohol at the intersection of Singun-dong and at around 17:00 on April 13, 2015, the Defendant was demanded to comply with the drinking measurement by inserting approximately 30 minutes of drinking in the C district in Singun-dong in Singun City.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 이유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Descriptions of the circumstantial statement of a drinking driver, report on detection of a drinking driver, and the register of driver's licenses; and

1. Application of respective visual Acts and subordinate statutes to photographs, field photographs, etc.;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (a favorable circumstance, such as the fact that he/she has shown an attitude to reflect on the instant crime)

1. Article 62 (1) of the Criminal Act;

1. It is decided as ordered by the court on the grounds of Article 62-2 or more of the Criminal Act regarding orders to attend lectures and community service orders;