A defendant shall be punished by imprisonment for six 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. Around 15:00 on September 16, 2013, the Defendant driving D Poter Cargo Vehicles without obtaining a driver’s license in a section of about 4 km from the road in front of the house of C located in the Cheongri-gun B of North Cheongri-gun, the same side of which is located in the same side of the road.

2. 도로교통법위반(음주측정거부) 피고인은 위 거성교 앞 도로에서 피고인에게 술 냄새가 나고 얼굴이 붉어져 있는 등 술에 취한 상태에서 운전을 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어, 2013. 9. 16. 15:38경 경북 청송군 E에 있는 F파출소에서 경위 G으로부터 음주측정을 요구받았으나 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 경찰공무원의 음주측정에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers and the register of driver's licenses;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning the facts of crime and Article 148-2 (1) 2 of the Road Traffic Act (the rejection of the measurement of drinking and the selection of imprisonment), Articles 152 (1) and 43 of the Road Traffic Act (the occupation of driving without a license and the selection of imprisonment);

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

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

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

1. Although the reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend a lecture has a record of criminal punishment five times for the same kind of crime, the sentence is determined as ordered in consideration of all the sentencing conditions shown in the arguments of this case, including the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime.

It is so decided as per Disposition for the above reasons.