A defendant shall be punished by imprisonment for not more than ten 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. Around 20:10 on May 4, 2013, the Defendant violated the Road Traffic Act (refluence of the measurement): (a) there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as drinking while driving C TlaXG car in the vicinity of Gyeonggi-si, Gyeonggi-do; (b) while drinking alcohol in the vicinity of the Gyeonggi-do, he was able to cause a traffic accident; and (c) he was not required to comply with a request for the measurement of drinking alcohol by means of inserting approximately 30 minutes of the alcohol measuring instrument into the alcohol measuring instrument three minutes of drinking meters from the slope belonging to the said police box at around 21:05 on the same day, the Defendant avoided the demand without justifiable grounds and failed to comply with the demand for the measurement of drinking alcohol by a police officer.

2. Around 07:30 on May 4, 2013, the Defendant operated the C T-XG car without a driver’s license in the section of approximately 9km from May 4, 2013 to the front road of the Daegu Industrial Complex located in the 508 Dong Dong-gu Incheon Metropolitan City in the Gyeonggi-si in the Gyeonggi-si, from the front road of the Taepo-si in the Gyeonggi-si in the Gyeonggi-si. At around 20:10 on the same day, the Defendant operated the C-XG car without a driver’s license in the section of about 1km from the front road of the 1km-dong Mapo-dong, Gyeonggi-gu, Gyeonggi-si in the Gyeonggi-do in the 20:10th day to the front road of the restaurant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A certificate;

1. The circumstantial report of an employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to photographs refusing to measure drinking;

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the same Act concerning the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

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

1. As to the assertion of counsel under Article 62-2 of the Criminal Act, the defense counsel was requested to measure drinking while the defendant was illegally arrested.