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

[criminal power] On June 18, 2012, the Defendant was notified of a fine of five million won for a violation of the Road Traffic Act (Refusal of measurement) in the Gwangju District Court’s net support on March 25, 2013, a fine of one million won for a violation of the Road Traffic Act (free license) in the same court on March 25, 2013, and a fine of four million won for a violation of the Road Traffic Act (free license) in the same court on November 25, 2014.

【Criminal Facts】

1. Around 18:45 on July 20, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) and was under the influence of alcohol on the road in front of C, in order to ensure that the Defendant was under the influence of alcohol, due to reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking and smelling on the face of the Defendant, from G during the police box of the Goiung Police Station, the Defendant was under the influence of alcohol on the road in front of C, Haung-gun, Goung-gun, Haung-gun, and reported on the charge of driving the Defendant’s spouse D’s D’s instant motor vehicle under the name of D’s spouse, and rejected the request without justifiable grounds.

Accordingly, the defendant did not comply with the drinking test of a police officer without a justifiable reason.

2. Around 18:45 on July 20, 2015, the Defendant was driving a rocketing car listed in paragraph (1) without obtaining a driver’s license from around 4km section from the Defendant’s residential area located in the Haak-gun, Chungcheongnam-gun, to the direction of C, located in the same military gold field, via the beaches located in the same military gold field.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement of I;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to each investigation report (such as the current status within a field and police box, etc. and attaching field photographs);

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

1. Selection of each sentence of imprisonment;

1. Aggravation for concurrent crimes;