A defendant shall be punished by imprisonment for six 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 2, 2017, the Defendant was driving a freight vehicle B with B, without a valid driver’s license, from the vicinity of the apartment in the erode of the erode in the erode 568, the direction of the erode in the erode 507, to the vicinity of the erode elementary school located in the same erode 207, at the erode gate.

2. On February 20, 2017, the Defendant violated the Road Traffic Act (refluence of drinking), as indicated in the above paragraph (1), was discovered in the drinking control while driving a freight vehicle B, and was moved to a D police box located in the Chungcheongnam-gun of the Chungcheong B, and was driven under the influence of alcohol, such as smelling and drinking at the Defendant’s body at around 02:51 on the same day.

Since there are reasonable grounds to designate a person, the police box issued a request for the measurement of drinking by a police officer E at the above police box, and rejected the request without justifiable grounds, and continuously rejected the request for measurement of drinking by the above police officer at around 20:56 and around 21:01 on the same day without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (including photographs attached thereto);

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 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;

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. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The Defendant has a record of being punished twice for driving alcohol, and in particular, driving on September 20, 2016.