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

On January 4, 2014, at around 14:16, the Defendant: (a) while driving a nFyna vehicle in front of the upper-day distance in Gangdong-gu Seoul Metropolitan Government on the road without a driver’s license, caused a contact accident caused by ENFK car stopped in the front line; (b) the Defendant’s face from the Seoul Gangseo-dong Police Station Guard guard and the Transport Survey AssistantF, with a red and red cover of the Defendant’s face from the front line; (c) there are reasonable grounds to recognize that the Defendant driven the vehicle while under the influence of alcohol, such as walking in the front of the upper-day distance; (d) from around 15:27 to around 15:47 of the same day, the Defendant was demanded to comply with a drinking test by inserting it into the drinking measuring machine over about 20 minutes.

Nevertheless, the Defendant did not comply with a police officer’s demand for alcohol testing without justifiable grounds, such as avoiding inserting the whole breath of a drinking measuring instrument.

Summary of Evidence

1. Partial statement of the defendant;

1. Each statement of witness F, G, and H;

1. Statement of the police officer to I;

1. H's statement of traffic accident;

1. A traffic accident report, a survey report, and photographs of each field;

1. A report on detection of a drinking driver and a statement in the circumstances of a drinking driver;

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

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (a point of refusing to measure alcoholic beverages), subparagraph 1 of Article 152 and Article 43 of the same Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (the punishment shall be aggravated for concurrent crimes due to refusal to measure hot alcohol, but it shall be aggravated within the scope aggregated with the long-term punishment of the above two crimes);

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order and order to attend lectures.