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. 자동차불법사용 피고인은 2019. 5. 26. 04:12경 울산 남구 B에 있는 'C식당' 앞 노상에서 피해자 D가 지인을 만나기 위해 잠시 시동을 켠 채 정차시켜 둔 E i30 승용차를 발견하고, 운전석에 승차하여 울산 남구 F 앞 노상까지 약 1km 구간에서 위 승용차를 운전하였다.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

2. On May 26, 2019, at around 05:35, the Defendant violated the Road Traffic Act (refusing to take a drinking level): (a) on the front of the F bus stop in Ulsan-gu, Ulsan-gu, Seoul-do, the Defendant stopped 130 automobiles on the road and fastened them with standing on the road; (b) on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as making a large amount of smelling and red melting on the face, etc., on the road before the bus stop in Ulsan-gu, Seoul-gu, Seoul-do; (c) on the other hand, the Defendant was requested to comply with the drinking level by inserting the brea on three occasions in total from H, who was employed by the Ulsan-Namn Police Station G

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Report on the state of state of drinking drivers, and notification of the results of the control of drinking driving;

1. Application of each statute on photographs;

1. Relevant Articles 331-2 (Unlawful Use of Motor Vehicles) of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018) concerning criminal facts, and the choice of imprisonment, respectively;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Recognizing the facts charged for sentencing under Article 62-2 of the Criminal Act, the fact that a person uses another person's motor vehicle temporarily by contingency, the fact that he/she has agreed with the owner of the motor vehicle, and that he/she has

On the other hand, while under the influence of alcohol, a person is driving a vehicle of another person, but refuses to take a drinking test.