A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement of drinking), while the Defendant driven a gS convenience store (on the road located 29 Doo-ro 334, Nam-gu, Incheon) in front of the GS convenience store (on the road), around 03:52 on the 30th day of May, 2016, while driving a B gender car with drinking on the road, he/she driven the Defendant under the influence of alcohol, such as smelling alcohol to the Defendant from a policeman D who belongs to the C Zone of the Incheon Southern Police Station, while driving the B gender car on the road.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. Violation of the Road Traffic Act (unlicensed Driving) Defendant 1 driven the automobile b gender string without obtaining a driver’s license in the section of approximately 1 km from the Defendant’s office located in the Nam-gu Incheon Metropolitan City, Nam-gu, to the front of the GS convenience store (in the inside of a week) located in 334 o-ro 29, a 334 oon-ro oon-ro from the day indicated in the above paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, statement of the situation of the driver driving, and the register of driver's licenses;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, and criminal investigation reports (Attachment to decisions on force, such as the driving of suspect drinking, etc.);

1. Relevant provisions of Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, Article 152 subparagraph 1 and Article 43 (Unlicensed Driving) of the Road Traffic Act, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of driving is that the defendant's previous records of driving alcohol in the last ten years are only once, but the defendant has four times all records of driving alcohol and has two times the suspended sentence.