A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. Around May 22:35, 2013, the Defendant was driving a FK-based motor vehicle without a driver’s license on the front of the new Twit-distance road located in the Dong-dong, Southern-gu, Seoul Special Metropolitan City on May 19, 2013

2. Violation of the Road Traffic Act (Refusal of measurement) was demanded by the Defendant to respond to the measurement of alcohol by inserting approximately thirty minutes in a breath of alcohol in a manner of inserting the whole breath of the 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, smelling, and breathing, from an slope G of the traffic control department at the Chungcheongnamannam-dong Police Station, Chungcheongnam-dong Police Station, in the course of drinking alcohol at a time and place under paragraph (1).

Nevertheless, the defendant refused this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. Statement in the circumstances of an employee;

1. A copy of the usage register of drunks;

1. Application of the statutes on the register of driver's licenses;

1. Relevant legal provisions concerning the facts of crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act that choose the penalty, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusal of measurement of noise), and the choice of imprisonment, respectively;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act (within the scope of adding up long-term punishments);

1. The reason for sentencing under Articles 53 and 55(1)3(3) of the Criminal Act for discretionary mitigation is that the defendant was sentenced to a suspended sentence due to the crime of drunk driving and it is difficult to avoid strict punishment against the defendant in that he again committed each of the crimes in this case.

However, the defendant's mistake is recognized, the defendant does not have any criminal record other than that of the above suspended sentence, and the defendant's age, character and conduct, environment, etc. shall be determined by the same sentence as the order in consideration of all the circumstances that are conditions for sentencing.