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 September 27, 2013, the Defendant violated the Road Traffic Act (Free Driver’s License) was a driver of CDF pent, and on September 27, 2013, the Defendant driven the said car at a section of approximately 100 meters from the Chinese restaurant, from which it is impossible to find out the trade name in the new dong at the Hasan-si without a driver’s license, to the road located in the same 786-day Kim Hancheon-cheon.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant refused to take a alcohol test without justifiable grounds even though he was required to take a alcohol test on three occasions on the same day from D police officers belonging to the Yasan Police Station dispatched at the time and at the above time, inasmuch as there exist reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as blood color with red and a response to a signal signal at the time of drinking, etc., one time at around 01:50 on the same day, two times at around 02:13, and three times at around 02:25 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E, F and G;

1. Application of Acts and subordinate statutes to an investigation report, each photograph, a copy of the usage register of a drunk, a report on detection of a drinking driver, and the register of driver's licenses

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. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2(1) and (2) of the Criminal Act, the main sentence of Article 59(1) of the Act on Probation, etc. is that the defendant again committed the instant crime even though he/she had two criminal records of the same kind of drinking driving, it is disadvantageous for him/her to have committed the instant crime. However, the defendant is in depth and has no record of punishment for the same kind of crime for the last five years, and other favorable circumstances such as the defendant's age, character and behavior, environment, and motive for the instant