A defendant shall be punished by imprisonment for not more than ten 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 00:25 on October 1, 2014, the Defendant was driving a B car without obtaining a driver’s license in the section of about 2 km from around 00:35 to about 416 local roads of the Suwon-Eup, Seoul Special Metropolitan City from around 00:35 on the same day.

2. On October 1, 2014, at around 00:35, the Defendant violated the Road Traffic Act (refluence of the measurement) (i.e., the Defendant was sent back to the emergency room of the Ulsan-gun Medical Center after receiving the report of 112 by C during the operation of the 416 local highway in Samcheon-gu, Young-gu, Seoul Special Metropolitan City on October 1, 2014; and (ii) on the same day, at around 02:33, the Defendant was requested from the above hospital to respond to a drinking measurement by inserting the alcohol measuring instrument four minutes in total, in which the Defendant 30 minutes of the alcohol measuring instrument was fluened.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A photograph refusing to measure drinking;

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, the selection of imprisonment for a crime;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding up the long-term punishments of the crimes of violating the Road Traffic Act with heavier punishment)

1. Consideration under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (the fact that a person commits the same kind of crime within the short period is disadvantageous or has not been subject to criminal punishment exceeding a fine for the same kind of crime so far, taking into account favorable circumstances, such as the fact that he/she commits the crime in this case in depth;

1. Article 62 of the Criminal Act: