A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. Around 00:40 on July 30, 2019, the Defendant was driving a e-learning car without obtaining a driver’s license from the front Doard-si B Apartment to the front of the D convenience store located in the 100-meter Da in the net City C.

2. Violation of the Road Traffic Act (Refusal to measure the noise level) was driven by the Defendant at the time and place specified in Paragraph 1, as above.

The Defendant reported 112 to the effect that “A vehicle suspected of drinking in front of a G restaurant located in F,” and expressed his intention of refusal of measurement explicitly by the Defendant: (a) while the Defendant was forced to comply with a drinking test by inserting the breath in a manner of making a breath in the face of a police box affiliated with the police officer I of the Hacheon Police Station, which was called out, on the face of the police officer I to be considered to have driven while under the influence of alcohol, such as walking, walking, etc.; and (b) was avoided by making a telephone conversation and making a face-to-face-to-face-to-face, the Defendant expressed his intention of refusal of measurement explicitly.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the crackdown on drinking driving, the register of driver's licenses, investigation reports (report on the circumstances of drinking drivers), the circumstantial statements of drinking drivers, and the application of Acts and subordinate statutes of the Act and subordinate statutes to the Council on the Control of Drinking Driving ( July 30, 2019);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (a point of driving without a license) and the choice of imprisonment with prison labor;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Circumstances favorable to the reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture: Circumstances unfavorable to the defendant that the defendant recognizes his mistake and are against him; and