A defendant shall be punished by imprisonment for six months.

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

On June 1, 2015, the Defendant was required to comply with the alcohol test from E slope belonging to the traffic control department of the Port and Police Station at the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the port of the traffic control.

However, on June 1, 2015, the Defendant did not comply with the demand for a drinking test made four times by E from around 00:45 to 01:25 on the same day without justifiable grounds.

Accordingly, the Defendant driven a motor vehicle without a driver's license, and rejected a police officer's demand for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. A certificate of notification of non-compliance with the drinking alcohol measurement;

1. Each investigation report (in relation to refusal to measure alcoholic beverages, related to the ledger of use of a drinking measuring instrument and attaching photographs of suspects);

1. Application of the statutes on the register of driver's licenses;

1. Relevant laws concerning facts constituting a crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose the penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act (the occupation of driving without a license, 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 among concurrent crimes;

1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation (The following circumstances shall be considered in favor of the accused);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: The fact that the defendant has been punished for drunk driving several times, and the circumstances that are favorable to the fact that the crime of this case, such as refusal of drinking alcohol measurement, has not been committed for three months since he/she was recently punished for drunk driving, etc., have not been committed: Traffic accident caused by the crime of this case.