A defendant shall be punished by imprisonment for one year.

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 November 18, 2016, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling from E while driving the motor vehicle under the influence of alcohol concentration on the front of Seocho-gu Seoul, Seocho-gu Seoul at around November 18, 2016, while driving the motor vehicle under the influence of alcohol.

Even if there are reasonable grounds to determine a person, the police officer did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds, even though he/she was requested to have a drinking measuring instrument for about 40 minutes from around 18:33 to around 19:03 on the same day by inserting the whole part of the drinking measuring instrument.

2. Around November 18, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driven a F Sspoon car without a driver’s license from the Gangnam-gu Seoul Metropolitan Government Sejongdong to the underground vehicular road of approximately six kilometers from the Seocho-gu Seoul Seocho-gu Seoul Seocho-dong to the lower vehicular road.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Control records, actual survey records, and investigation reports (victim telephone conversations and case summary, and No. 25 times each time);

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

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

1. Article 148-2 (1) 2, Article 44 (2) (the occupation of refusing to measure drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Determination of imprisonment with prison labor for the choice of punishment [the defendant committed the crime of this case again despite the fact that he had been punished five times due to drinking driving prior to this case, or two times due to unlicensed driving, in particular, even if he was punished for two times only in 2016, he again renders drinking at the time when it has not been long thereafter, and the distance of driving without a drinking license is relatively high, and there is a circumstance that he tried to flee without taking an accident management even if he had occurred while driving under the influence of drinking.