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

1. On December 18, 2012, at around 22:05, the Defendant, without a car driver’s license, driven approximately three kilometers from the front day of the middle cafeteria restaurant located on the roof of Gangnam-si to the front day of the network center located in the Dong-si in the Dong-si Sea, without a car driver’s license.

2. On December 18, 2012, the Defendant was demanded to comply with a drinking test by inserting approximately 32 minutes in a drinking measuring instrument three times among approximately 32 minutes, on the grounds that there are reasonable grounds to recognize that he/she was driving under the influence of alcohol from the slope E belonging to the said district unit, such as smelling, smelling, reding, etc., at the D District Unit of the East Sea Police Station located in the East Sea, which was located in the East Sea, around 22:50 on December 18, 2012.

Nevertheless, the Defendant refused to comply with a police officer’s request for sobage measurement by avoiding the method of putting the breath-man into a drinking measuring instrument, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

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 (21) of the Road Traffic Act that choose a penalty (the rejection of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (the occupation of driving without a license and the choice of imprisonment);

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order of Education and the Order of Community Service has already been punished by a fine on nine occasions due to a violation of the Road Traffic Act (driving). Moreover, since the Defendant driven a vehicle while drinking alcohol in the licenseless condition and did not comply with a police officer’s request for measurement of drinking, the Defendant is strictly punished.