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 of the final judgment.

Punishment of the crime

1. Around 22:50 on November 21, 2014, the Defendant violated the Road Traffic Act (i.e., refusal of measurement) and (ii) was under the influence of alcohol on the road front of a fluent loan located in the galleg loan in the Yancheon-gun, Yancheon-gun, Yancheon-gun, the Defendant was under the influence of the police officer D belonging to the 112 who was called up after receiving a report.

Since there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as fluening snow, fluoring red, booming snow on the face of pedestrians, drinking, smelling, drinking in the entrance, etc., the Defendant was forced to comply with the drinking test by inserting the rebreath of the drinking measuring instrument three minutes from 23:14 to 23:34, and then demanding to comply with the drinking test by inserting the breath of the drinking measuring instrument three minutes.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

2. Around 22:50 on November 21, 2014, the Defendant driving a wre vehicle B without obtaining a driver’s license for driving a wre vehicle on the front of a breg loan located in the pentcheon-gun, Chungcheongnam-gun, Chungcheongnam-do, Maok-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Photographs refusing to measure drinking;

1. Inquiries about administrative dispositions and application of Acts and subordinate statutes governing disqualified for the main office;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The Criminal Act, the suspension of execution;