A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On March 27, 2014, the Defendant was required to respond to a drinking test by inserting the breathm of alcohol in the direction of drinking in the direction of approximately 1km from the former Korea Electric Power Corporation adjacent to the Korea Electric Power Corporation, which was in Ansan-dong on March 27, 2014, to the front road of the Nawon Livestock, located in the same 79-gil-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong

Nevertheless, the defendant, by refusing to put the whole in a drinking measuring instrument, failed to comply with a police officer's request for a drinking test without any justifiable reason.

2. The Defendant, in violation of the Road Traffic Act (unlicensed Driving), was driving the said cargo vehicle at about 1 km section from the old Korea Electric Power Corporation near the old Korea Electric Power Corporation located in Taedong-dong at a temporary border, to the front road of the Nonwon Livestock in the same 79-lane, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. The reason for sentencing for discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act (a favorable circumstance among the reasons for the punishment) is to be recognized as driving under the influence of alcohol at the same time, even though the defendant had a record of the same kind of crime several times, during the suspension period of execution due to the same crime.