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

except that 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 November 21, 2013, the Defendant violated the Road Traffic Act (unlicensed Driving) driving at approximately 15 km from the front of the comprehensive playground in the Ora-dong on the Jeju-si without a driver’s license, to the front of the chill road in the Chocheon-si at the Jeju-si.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) provided for in paragraph (1) of this Article, while driving a motor vehicle, the Defendant failed to comply with a drinking test by inserting it into a drinking measuring instrument for about 30 minutes, on the ground that there are reasonable grounds to recognize that the motor vehicle was driven under the influence of alcohol, such as drinking and smelling on the face, from the police officer E belonging to the Jeju East Police Station D Technicians of the Jeju Police Station called out upon receipt of a report, and the Defendant failed to comply with a drinking test by inserting it into a drinking measuring instrument for about 50 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on circumstantial statements of drivers, investigation reports (interpellations for driver's licenses);

1. Relevant legal provisions and the choice of punishment for facts constituting a crime: Imprisonment with prison labor under Articles 148-2 (1) 2, 44 (2) (a point of refusal of measuring a noise level), 152 subparagraph 1, and 43 (a point of non-licensed driving) of the Road Traffic Act;

1. Aggravation of concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. Discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act (i.e., grounds for considering the circumstances of the crime);

1. Suspension of execution: (a) under Article 62(1) of the Criminal Act (the following conditions of sentencing under Article 51 of the Criminal Act, such as the statement of reasons for sentencing), considering all the following circumstances as the reasons for sentencing, the sentence shall be determined as ordered in light of the following circumstances: The recognition of the facts of crime and the very favorable circumstances; and (b) there are no criminal records exceeding the fine: The same kind of conditions