A defendant shall be punished by imprisonment for one year.

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 April 23:15, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) driving the C Sti-type car without a vehicle driver’s license from the parking lot at the Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government Goshion cafeteria to the front road of the street in the same 445-2 area from around 300 meters to the front road of the street in the same 445-2 area.

2. Around April 23:15, 2013, the Defendant was demanded to comply with a drinking test by inserting a drinking measuring instrument over 30 minutes on the face, on the grounds that there are reasonable grounds to recognize that the Defendant driven a motor vehicle of Seocho-gu Seoul Metropolitan Government 445-2 under the influence of drinking, while driving a motor vehicle of Seocho-gu Seoul Metropolitan Government 445-2 on the road.

Nevertheless, the defendant avoided 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 on the circumstantial statement of the employee;

1. Hours during which the drinking alcohol is refused to be measured, and photograph of pages;

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

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning the facts constituting the crime (a point of refusal of the measurement of alcoholic beverages);

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. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures is that the defendant was punished several times for drinking driving, and the crime of this case is not less vulnerable in light of the fact that the defendant committed the crime of this case during the grace period after being sentenced to a suspended sentence due to traffic accidents caused by drinking driving. However, the defendant led to the confession of the crime of this case and reflects his mistake in depth, and the defendant would not drink or drive without a license again after disposing of the vehicle of this case.