A defendant shall be punished by imprisonment for not less than eight 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 August 2, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) driven a motor vehicle under the influence of alcohol by drinking alcohol on the D-road located in Yongsan-gu Seoul Metropolitan Government around 03:50 on August 2, 2018, while driving a bomb car while drinking alcohol on the D-road located in Yongsan-gu Seoul Metropolitan Government.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 20 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하거나 입김을 불어 넣지 않는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. Around 03:50 on August 2, 2018, the Defendant driven a halog car without obtaining a driver’s license from around 5 km section from around 396 to around D in Yongsan-gu Seoul, Gangnam-gu, Gangnam-gu, Seoul to around 396, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge) and report on the circumstances of the driver in charge;

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

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, 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 grounds for sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures shall be determined as the same as the order, in consideration of the fact that the Defendant was punished for drinking alcohol driving in 2015 and 2018, and other circumstances, such as the Defendant’s age, sex, environment, etc.