A defendant shall be punished by imprisonment for not less than eight 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

【Criminal Power】 On July 24, 2009, the Defendant was sentenced to a fine of 700,000 won for a violation of the Road Traffic Act at the Incheon District Court on July 24, 2009; a fine of 2.5 million won for the same crime at the same court on December 23, 2010; and a fine of 5 million won for the same crime at the same court on July 26, 201.

【Criminal Facts】

1. Violation of the Road Traffic Act (Refusal of measurement) on February 23, 2013, the Defendant: (a) while driving a motor vehicle DNA on the street in front of 299-22, Seocheon-gu, Seocheon-gu, Seocheon-gu, Gyeonggi-gu, Gyeonggi-do, 299-22 at the 299:3 minutes of the alcohol measurement demanded three-minutes from the above police officer on the ground that there are reasonable grounds to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as being discovered to the police officer who was engaged in the patrol at the place where booms, and was able to recognize that he driven a motor vehicle in the influence of alcohol, the Defendant was able to comply with the demand without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) without obtaining a driver’s license at the same time and place as the above paragraph (1).

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report of a drinking driver, the report on detection of a drinking driver, and the ledger of use of a drinking emitting machine;

1. Report on the circumstances of unregistered driving and application of the Act and subordinate statutes to the ledger of driver's licenses;

1. Whether he/she refuses to measure a drinking alcohol for a crime: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes. Article 50 (Aggravation of concurrent crimes as to the violation of the Road Traffic Act due to refusal of taking a heavy drinking, but the punishment shall be aggravated within the scope of the total of the

1. The fact that the Defendant’s driving under Articles 53 and 55(1)3 of the Criminal Act does not lead to an actual traffic accident, and the Defendant commits a violation of the Road Traffic Act due to a drunk driving.