A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On March 21, 2016, at around 03:30, the Defendant refused to take a drinking test, there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, while driving a car, without obtaining a driving license under the influence of alcohol, by drinking alcohol while driving the car, such as reding in a drinking-free season from E while driving the car. Accordingly, the Defendant was demanded from around 04:01 to around 04:36 of the above day to comply with the drinking test by inserting the alcohol measuring instrument for about 35 minutes at the above D police box located in Changjin-gu, Changwon-si F.

Nevertheless, the Defendant avoided so that he did not comply with a police officer’s demand for a drinking test by keeping a drinking measuring instrument in a way that breaths it.

2. Violation of the Road Traffic Act (Free Driver’s License) driving of the said vehicle at a distance of about 200 meters from the day after the main apartment in the Jinhae-si, Changwon-si, to the day before the studio studio in the same Dong, without obtaining the above temporary driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, report on the state of drinking drivers' state statement, and ledger of the use of drinking measuring instruments;

1. Application of the register of driver's licenses and disqualified statutes of the main office;

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act to refuse to measure the alcohol without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 3, and 50 of the same Act to increase concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (hereinafter referred to as the following sentencing factors) is that the Defendant was punished by a fine of KRW 6 million on October 10, 2012 by committing a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury resulting from Dangerous Driving) at the Seoul Central District Court, and that on July 17, 2014, the Changwon District Court was Msan Branch.