A defendant shall be punished by imprisonment for not less than eight 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. Violation of the Road Traffic Act (Refusal to measure a noise level) by the Defendant is a person engaged in driving a B car.

On January 11, 2013, the Defendant driven the said car while under the influence of alcohol at around 18:20, and brought about a traffic accident that conflicts with the D Bus of Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, 6, while driving on the road at around 337-23, and transferred the vehicle to the Seoul Young Military Police Station traffic inspector.

At the time, the Defendant was required to respond to the drinking test by inserting the whole in a drinking measuring instrument three-minutes from the traffic survey gauge E from January 11, 2013 to 19:32 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driven while under the influence of alcohol, such as smelling in the face, making the red belt, etc., in the face, and making it possible for him/her to take the drinking test.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

2. Violation of the Road Traffic Act (Unlicensed Driving) was operated by the Defendant without a driver’s license on the temporary border as stipulated in paragraph (1) of this Article at a distance of approximately 200 meters from the roads near the Masan Station located in Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu to the roads of about 37-23, Yeongdeungpo-gu, Seoul.

3. The Defendant, at the time and place of Paragraph 1, caused a traffic accident that conflicts with Category D buses, and thus, was demanded to present his driver’s license from the F driver’s license from the Seoul Yeongdeungpo Police Station superintendent at the traffic safety direction.

Accordingly, the defendant, who is an official document, presented that he completed the Class H 1 ordinary driver's license issued in the name of the Seoul Local Police Agency, as the defendant's driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. C's statement on the occurrence of traffic accidents;

1. The actual condition of traffic accidents;

1. Photographs refusing to measure drinking;

1. A copy of the driver's license ledger;