A defendant shall be punished by imprisonment for six 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. On November 23, 2013, the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument for about 30 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol by drinking while driving BS5 cars in front of an industrial complex located in the area of the Suwon-gu Suwon-dong at Suwon-si, and driving the BS5 car under the influence of drinking on the front of the industrial complex.

Nevertheless, the defendant refused this three times in total, and did not comply with a police officer's request for a drinking test without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) at the time stipulated in paragraph (1) of this Article, driving the said IM5 car without obtaining a driver’s license from a section of about 5 km from the roads in front of the Seo-gu Seo-gu Seo-dong, Suwon-gu, Suwon-do to the front road of the apartment house, which is located in the area of the same city-based zone.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning criminal facts, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act;

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 ( considered for the favorable reasons among the reasons for probation under the following year);

1. Suspension of execution under Article 62 (1) of the Criminal Act (the execution of a sentence shall be suspended, considering the fact that the defendant has been punished for driving under the influence of alcohol on three occasions, and the nature of the crime is inferior by refusing to take a drunk test, but the confession and reflect are made, and all of the fines are punished as a fine in relation to driving under the influence of alcohol, etc.);

1. Order of probation and lecture attendance under Article 62-2 of the Criminal Act;