A defendant shall be punished by imprisonment for one year.

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

Criminal facts

1. On August 15, 2016, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving at around 22:50, the vehicle volume at approximately 2 kilometers from the section of approximately 2 kilometers to the road front of the said KTX parking lot via a pushing line parking lot located in the valley-dong of the Defendant’s house in the fast-si B without a driver’s license.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the defendant was under the influence of alcohol, such as taking a face from red and smelling, while she was set up a vehicle on the road at the time and place specified in paragraph (1) and was divingd in the vehicle, after receiving a report from the driver, and driving the vehicle under the influence of alcohol to E who belongs to the D police box of the smuggling Police Station called up after receiving the report from the driver.

In order to have a reasonable reason to determine a person, the police box voluntarily accompanied by a D box located at the time of smuggling for the purpose of the measurement of drinking, and the police box was voluntarily accompanied by the 23:04 on the same day, 23:14 on the same day, and 23:24 on three occasions, the above E demanded to respond to the measurement of drinking by injecting the respiratory measuring instrument, but it was not sufficient to enter the drinking measuring instrument, and thus refused the measurement of drinking because it was not breathed.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of alcohol, report on the situation of the driver under the influence of alcohol, report on the driver under the influence of alcohol, report on detection of suspects violating the Road Traffic Act, internal investigation report, field photograph, driver's license register and investigation report; and

1. Application of Acts and subordinate statutes to a report on investigation (verification of the level of suspect's pulmone and attachment of photographs);

1. Relevant legal provisions and driving without obtaining a license for the option of punishment for facts constituting the crime: Subparagraph 1 and Article 43 of the Road Traffic Act; Article 152 of the Road Traffic Act; Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act; Articles 148-2 (1) 2 and 44 of the Road Traffic Act; Imprisonment;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the punishment shall be aggravated to the extent that the punishment is aggregated with the long-term punishment of two crimes above the punishment specified for a crime of violating the Road Traffic Act with heavier punishment);

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Protection observation;