A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On October 3, 2017, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a D Karen-car without a driver’s license on the front of the mutual influoral main points located in the Dong-dong, Daejeon, Daejeon, up to approximately 1.7 km road in front of the Daejeon, Jung-gu, Daejeon.

2. On October 3, 2017, the Defendant was driving a vehicle under the influence of alcohol, such as smelling and smelling red light on the face of the Defendant, while driving a DKaren car on the front of the Jung-gu Daejeon Special Metropolitan City (Seoul Special Metropolitan City) with drinking on October 18:45, 2017, from the superintendent of the police station belonging to the Daejeon Special Metropolitan City Daejeon Special Metropolitan City Police Station, while driving the vehicle under the influence of alcohol.

As there are reasonable grounds to recognize, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 20 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect against the defendant;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on control field photographs;

1. The choice of imprisonment with prison labor for the relevant legal provisions and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusing to measure drinking), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the occupation of non-licensed driving) concerning the crime;

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. Article 62 (1) of the Criminal Act on the suspended execution;

1. Orders to observe protection, attend lectures, or order to provide community service under Article 62-2 of the Criminal Act (the majority of the criminal records of the same kind of crime and the risk of recidivism;

It is so decided as per Disposition by the assent of all participating Justices.