A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

1. On May 7, 2015, at around 12:12, 2015, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting the breath of the alcohol measuring instrument three minutes, on the grounds that there are reasonable grounds to recognize that he was driven under the influence of alcohol, such as smelling and smelling to the Defendant from the police officer E, who is a police officer of the above police box, at around 30 minutes of the police box, at around 12:12, 201.

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

2. Around 09:20 on May 7, 2015, the Defendant driven a F Ethp car without a driver’s license in a section of approximately 1 km from around 11:30 on the same day, after going through a third-party road in front of the liquidation distance in the same side from the parking lot of the public cemetery of the Cheong-Gun located in the new Sin-Gun, Cheongnam-gun, Busan-do.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Schedule of enforcement of E;

1. Registers of driver's licenses;

1. Application of each statute on photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act with heavier punishment)

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

1. The reason for sentencing under Article 62-2 of the Criminal Act: (a) the Defendant committed the instant crime even though he/she had a record of being punished several times due to drinking or unlicensed driving, such as having been issued a summary order of a fine of KRW 3 million due to drinking or unlicensed driving on April 2014; and (b) the Defendant demanded a police officer to take a alcohol test without reflecting his/her drinking driving.