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 April 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving CK7 car owned by the Defendant’s father at the section of approximately 50 meters from the front of the 1 Dong community service center located in 18, Jin-si, Jin-si, Do, 215, to the front road of the house located in 233 Doo-ro, 215, Doo-do.

2. On April 12, 2016, the Defendant: (a) discovered a vehicle while driving a vehicle CK7 vehicle while drinking alcohol on the 3rd side of the Jinju-ro 233, Jinju-ro, Jin-ro, at around 00:35, the Defendant driven the vehicle under the influence of alcohol, such as walking the vehicle while drinking alcohol; (b) arrested the E during the police box belonging to the Jinju Police Station; and (c) driven the vehicle under the influence of alcohol, such as drinking alcohol and smelling on the face.

There are reasonable grounds to determine a person, and even if so, E did not comply with the demand of several times to respond to the measurement of alcohol by inserting the breath for about 36 minutes from around 00:38 of the same day to around 01:14 of the same day, it did not comply with the demand without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the ledger of vehicle drivers, such as a circumstantial statement report on the driver's license, a report on the detection of the driver's license, internal investigation;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act 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. 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. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order and the order to attend a lecture, despite the fact that the defendant was punished for driving under drinking, refused to measure drinking while driving in drinking condition, and the defendant was also revoked his/her driver's license.