A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On January 17, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking on the face, redlight, etc., from a policeman F belonging to the Seosan Police Station E District, while driving a motor vehicle under the influence of alcohol on the side of the celb in front of the cel in Seosan City, Sinsan, B around January 17, 2017.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On January 17, 2017, the Defendant driven a D News Twit-type car without obtaining a driver’s license from the front road of H located in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, to the front road of the cel in B, approximately 100 meters away from the 100-meter section of the vehicle’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the detailed report on the situation of a driver who takes the driving, a field photograph of drinking refusal to measure, and the statutes governing the driver's license ledger

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. 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. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act (a favorable circumstances among the reasons for sentencing) - The defendant has been subject to punishment several times for the same kind of crime, and the period of committing the second instance crime is concentrated after committing a traffic crime in 2016. - The defendant is not only driving without a driver’s license but also driving without complying with a police officer’s legitimate performance of his/her duties. The defendant is not a favorable normal situation.