A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On September 10, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license, driving a C-cub car in approximately 8km section from the Seodaemun-gu Seoul Western to the road located in Yeongdeungpo-gu Seoul Metropolitan Government at around 50 kilometers in a c-cubic place on September 10, 2016.

2. On September 10, 2016, the Defendant violated the Road Traffic Act (refluence of the measurement) and was demanded to comply with the measurement of alcohol by inserting it into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a vehicle as stated in paragraph (1) on the road located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, and while driving a vehicle under the influence of alcohol, from the fluence D belonging to the Seoul Young Police Station, such as smelling and smelling on the face, etc., while driving the vehicle under the influence of alcohol.

그럼에도 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 등 이를 거부하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the circumstantial statements of a drinking driver, notification of the results of drinking driving control, the ledger of driver's license, accident video, and refused video system;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

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

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

1. Probation, community service order, and order to attend a lecture under Article 62-2 of the Criminal Act was rejected to measure the drinking alcohol even though it was driven under the influence of alcohol due to the occurrence of traffic accidents on the grounds of sentencing without a license.

There are criminal records that have been punished for refusal of drinking alcohol measurement and drinking driving.

In addition, the sentencing conditions, such as the defendant's environment, circumstances, circumstances after crimes, criminal records, etc., shall be taken into consideration as ordered.