A defendant shall be punished by imprisonment for not more than ten months.

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

[Power of crime] The Defendant is a person who has been issued a summary order of a fine of six million won at the Daegu District Court on December 17, 2013 for a violation of the Road Traffic Act (drinking driving) and is in more than three times the driving force of drinking.

[Criminal facts]

1. On April 28, 2015, the Defendant was driving a CNEW franchise XG car without obtaining a driver’s license in a section of about 5 km from the Daegu East-gu, Daegu-si to the front road of Busan-si, to around 21:35, 2015.

2. On April 28, 2015, the Defendant driven the said NEW franchise XG car while drinking on the front road of Busan Metropolitan City on April 28, 2015, and then driven the same while under the influence of alcohol, such as drinking, smelling, and unbreshing, by the Defendant from the circumstances in which the D District is affiliated, after driving the said NEW franchise under the influence of alcohol.

There is a reasonable reason to determine a person, so it was demanded to respond to the measurement of drinking in a manner of inserting the whole breath in four minutes between about 30 minutes.

Nevertheless, the Defendant refused to comply with a police officer’s demand for alcohol testing without justifiable grounds, by avoiding entering the part of a drinking measuring instrument.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. A report on the detection of a primary driver and a report on the circumstances of the primary driver;

1. A report on internal investigation (Attachment of photographs), on-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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;