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

1. Around 00:45 on November 03, 2012, the Defendant was demanded to comply with a drinking test by inserting a drinking gauge into a drinking-free measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven CM3 motor vehicles under the influence of alcohol, such as drinking alcohol, smelling through the traffic of the Seoul Seongbuk Police Station, affiliated slopeD, etc. while driving CM3 motor vehicles in front of the 145-lane-ro, Seongbuk-gu, Seongbuk-gu, Seoul, Seoul.

Nevertheless, the defendant refused this, and did not comply with a police officer's request for a drinking test without any justifiable reason.

2. Violation of the Road Traffic Act (Free Driver's License) driving of the said vehicle without obtaining the driver's license in about four kilometers from the front of the defendant's house in E at the government of the same temporary border to the road in front of the above consideration zone.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the status of a driver without a license;

1. Making a report on the control of drinking driving;

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. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes) among concurrent crimes;

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

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act include two times of licenseless driving, two times of drinking driving, and one time of criminal punishment for refusing to measure drinking, and in particular, driving under the influence of drinking prior to the lapse of three months from the instant case.