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

1. Around 12:40 on July 1, 2014, the Defendant was required to comply with the drinking test by inserting a drinking gauge into a drinking gauge for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving of a motor vehicle under the influence of alcohol, such as making a serious drinking and smelling on the face, while driving the Dago in front of Dagoa, which was a shipbuilding station located in the Geumyang-do-Sacheon-gun, Seocheon-gun, Seocheon-gun, Yangyang-gun.

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

2. On July 12:15, 2014, the Defendant: (a) driven a C Poter truck without obtaining a driver’s license in a section of about 5 km from the front of a vinyl house in G located in the F of the Gohap-gun F of the Republic of Korea to the front of a shipbuilding yard located in the same Gohap-gun, Sincheon-do, Sincheon-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Investigation reports (investigation into attachment of vehicles and photographs refusing to measure alcohol at the time of dispatch of the suspect to the scene);

1. Application of Acts and subordinate statutes, such as the ledger and protocol of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of the measurement of alcoholic beverages), subparagraph 1 of Article 152 and Articles 43 of the same Act;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (the consideration given in favor of the fact that there is a family member to be adopted and that there is no criminal record of suspended execution or more) ;

1. Article 62 (1) of the Criminal Act ( repeatedly considering the favorable circumstances);

1. Probation and community service order under Article 62-2 of the Criminal Act;