A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[criminal power] On August 26, 2010, the Defendant was sentenced to one year of imprisonment for fraud in the Suwon District Court’s Ansan Branch, and the period of parole was expired on August 12, 201, when the sentence was executed in the Suwon Detention House, on August 25, 201.

【Criminal Facts】

The Defendant is a person who is engaged in driving a vehicle C.

1. At around 23:40 on August 12, 2013, the Defendant driven the said vehicle without a driver’s license at a section of about 500 meters from the French-dong, Gwangjin-gu, Seoul to the roads of about 699-33, Jyang-dong, Seoul.

2. On August 12, 2013, at around 23:40, the Defendant was required to respond to a drinking test by inserting the breathm in four minutes between approximately 30 minutes, on the ground that there are reasonable grounds to recognize that the Defendant driven the said vehicle under the influence of alcohol, such as smelling the Defendant, smelling the breath of the traffic safety department belonging to the Seoul Gwangjin-gu Seoul Special Metropolitan City Police Station, while driving the said vehicle under the influence of drinking on the front of the 699-33 road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Report on occurrence of the case, inquiry into the results of the control of drinking driving, report on the state of drinking drivers, and the register of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent crimes, Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act [the punishment shall be imposed on the violation of the Road Traffic Act (the punishment which is heavier than that which is set forth in the said Article).