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. Around 19:30 on May 6, 2014, the Defendant was driving a ESI car without obtaining a driver’s license on the road front of the D convenience store located in Seosan-si C.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was required to comply with a drinking test by putting the fluence into a drinking measuring instrument four times from 20:06 to 20:37 of the same day, on the grounds that there were reasonable grounds to recognize that the Defendant driven the fluence car at the same time and at the same place as stated in paragraph (1) after driving the fluence car while drinking at the above fluence point and driving the fluence in the state of drinking, such as snicking the disturbance at the G district located in F in Seosan City as a fact of driving the disturbance at the above flusium.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without any justifiable reason, such as smuggling a drinking measuring instrument.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by a witness I in the third protocol of the trial;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes concerning rejection of measurement;

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. 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. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc. is that the defendant's refusal to take a drinking test although he was discovered while driving without a license or drinking, and the nature of the crime is not good. The fact that the defendant escaped while the trial is in progress is disadvantageous, and the defendant's mistake is late or late, and the year of 2012.