A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 04:00 on August 10, 2018, the Defendant violated the Road Traffic Act (i.e., refusal of measurement) (i., violation of the Road Traffic Act) caused a shock of the outer wall of the D building while driving the Ediscacker 4 vehicle from the right side of convenience C store located in Busan Metropolitan Transportation Daegu to the right side of the same Gu from around 20 meters to the front side of the D building.

In order to check the circumstances of the accident by shouldering the defendant who was divingd at the driver's seat of the above vehicle after receiving a report, Gman demanded the defendant to respond to the breath test four minutes between 15 minutes and 15 minutes as the breath in the breath test, on the ground that there are reasonable grounds to deem that the defendant was driving under the influence of alcohol, such as smelling at the defendant's entrance, drinking on the face, snicking, and ginging off the breath of the breath.

However, the defendant did not comply with the above request for measurement without justifiable grounds.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driven the said vehicle at the same time and place as paragraph (1) without a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the register of driver's licenses, such as traffic accident reports, report on detection of a model driver, report on the circumstances of a model driver, investigation report, and application of the register of driver'

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Article 62 (1) of the Criminal Act;

1. An order to attend a lecture and an order to provide community service order under Article 62-2 of the Criminal Act shall be determined by comprehensively taking into account the following circumstances: Defendant’s age, character and conduct, environment, circumstances before and after the commission of the crime, circumstances before and after the commission of the crime, etc.

Unfavorable circumstances: The defendant has been punished three times due to drunk driving.

The defendant is the Busan District Court on July 16, 2018.