A defendant shall be punished by imprisonment for not more than ten months.

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 August 31, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road from the front side of the main apartment in the north-gu Seoul Northern-dong without obtaining a driver’s license for a motor vehicle on August 22, 2017 to the front side of the office building located in the south Gesung-gun, Nam-gun, and the front side of the 15km section.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 driven a motor vehicle while drinking alcohol at the time and place specified in the above paragraph (1) and driving a motor vehicle of C Costaex on the road after receiving a report thereon 112, while driving the motor vehicle under the influence of alcohol by the Defendant, such as drinking alcohol to the Defendant from the Assistant Inspector of the gro-police station D police box called to the scene after receiving a report, such as drinking alcohol, heavy snow snowing, heavy snowing, walking, and booming snow.

인 정할 만한 상당한 이유가 있어 음주측정기에 입김을 불어넣는 방법으로 음주 측정 요구를 받고도 불대를 부는 시늉만 하는 방법으로 같은 날 23:41 경 1차 음주 측정거부, 같은 날 23:47 경 2차 음주 측정거부, 다음 날인 2017. 9. 1. 00:01 경 3차 음주 측정거부를 하는 등 정당한 이유 없이 경찰공무원의 음주 측정에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. On-site reports (as to on-site situations, such as refusal to measure drinking);

1. Report on the situation of driving without a license;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

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

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The Criminal Act for orders to provide community service and attend lectures;