Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

The Defendant, at around 19:55 on October 25, 2014, driven D mixed CR-V car without a driver’s license on October 25, 2014, finds that the Defendant runs away to one other than F. F.

As a result of arrest, there are reasonable grounds to recognize that a person was drunkly driven by drinking, such as smelling in the entrance, and a string distance, etc., the person was demanded from F to respond to the measurement of drinking by inserting approximately 30 minutes of drinking in the light of the horse F.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. The user ledger of the measuring instruments for drinking;

1. The circumstantial report of an employee;

1. On-site photographs;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes to the management details of the master entry report ( October 25, 2104);

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), the choice of imprisonment;

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. In light of the fact that the defendant was punished for the same kind of crime on the grounds of sentencing under Article 62(1) of the Criminal Act (recognating the grounds for discretionary mitigation), and that the defendant committed a crime again in several months or less even though he was punished for the same crime even in 2014, the defendant seems to have no compliance awareness. Thus, even though the defendant complained of disadvantage that the defendant would be subject to a punishment heavier than a suspended sentence for a foreigner, it is necessary to punish the defendant more strictly than the old prosecution punishment (seven million won of a fine).

However, there is no other criminal records except that the defendant is against himself/herself and has been punished twice by a fine due to the refusal of drinking measurement.