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

1. 도로교통법위반(무면허운전) 피고인은 2015. 7. 22. 23:15경 창원시 성산구 중앙동에 있는 공영주차장 앞 도로에서부터 창원시 의창구 용호동에 있는 용지사거리 앞 도로에 이르기까지 약 1km 구간에서 자동차운전면허 없이 B 포르테쿱 승용차를 운전하였다.

2. Around July 22, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement) has reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as smelling and snicking on the roads prior to the site width, and the face is red, etc., on the road. Accordingly, the Defendant was requested to comply with a drinking test by Changwon Police Station guard and the police officer belonging to the Changwon Police Station for about 20 minutes, but failed to comply with the request without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. On-site reports (on-site situations, refusal of measurement, and field photographs), notification of the results of the control of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act to refuse to measure the alcohol without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Articles 37 and 38 of the Criminal Act aggravated concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act is that the Defendant committed the instant crime again despite the fact that he/she had been sentenced to a fine three times due to the violation of the Road Traffic Act.

However, the fact that the defendant repents and reflects his mistake, that the defendant has no record of being sentenced to a suspended sentence or heavier punishment, and that the defendant has the age, character and conduct, the motive of committing the crime.