A defendant shall be punished by imprisonment for not more than ten 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 December 26, 2016, the Defendant, in violation of the Road Traffic Act (unlicensed Driving) driven a B-hand car without a vehicle driver’s license in the section of approximately 100 meters from the front of the Paris 1 complex in the vicinity of an apartment complex to the front road of the above apartment parking lot.

2. On December 26, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), driving a motor vehicle at an apartment apartment parking lot, such as the foregoing, at around 00:45, while driving the motor vehicle, while driving the motor vehicle on the motor vehicle, after receiving a report on a drinking driving, while driving the motor vehicle under the influence of alcohol, the Defendant driven the motor vehicle under the influence of alcohol, such as smelling and photographing the Defendant from C InspectorD of the Guri Police Station called the motor vehicle after receiving a report on a drinking driving.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the Defendant avoided it by means of not making any attempt to put the breath of drinking in a measuring instrument, and did not comply with a police officer’s request for a measurement of drinking 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. Application of Acts and subordinate statutes reporting the circumstances of driving without licenses;

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

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. 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. In full view of all the conditions of sentencing as shown in pleadings, such as the defendant's history of drinking alcohol (three times a punishment), the circumstances leading to driving of drinking alcohol in this case, and the defendant's depth of the crime for the reason of sentencing under Article 62-2 of the Social Service Order Criminal Act, the suspension of the execution of imprisonment with prison labor under the condition of community service as ordered.