The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Punishment of the crime

1. On April 23, 2014, the Defendant illegally used a vehicle: (a) around 04:40 on the front side of the CYC store located in Gwangju Northern-gu, and went into the E-cab of the victim; (b) as the Defendant was unable to inform the destination of alcohol, the Defendant temporarily used the said taxi owned by the victim without the consent of the victim in the section of approximately 1.7 km from the front side of the BYC store located in Gwangju Northern-gu, without the consent of the victim.

2. Around 04:40 on April 23, 2014, the Defendant driven the 1.7km section from around the C District District located in Gwangju Northern-gu B to the front day of the BYC store located in Gwangju Northern-gu, without a car driver’s license.

3. 도로교통법위반(음주측정거부) 피고인은 2014. 4. 23. 05:09경 위 C지구대에서 광주북부경찰서 C지구대 소속 경장 F으로부터 피고인에게서 술냄새가 나고 걸음이 비틀거리는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 30분간에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았는데, 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 않았다.

Summary of Evidence

1. Defendant's legal statement;

1. Entry of the written statements of D;

1. Statement of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to the statement of license inquiry;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Illegal use of motor vehicles indicated in its holding: Article 331-2 of the Criminal Act;

(b) Unlicensed driving under judgment: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

C. The rejection of the measurement of drinking: Article 148-2 of the Road Traffic Act.