A defendant shall be punished by imprisonment for not less than eight 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. On June 22, 2014, the Defendant driving a C Freight vehicle at a section of about 4 km from the front of the factory site of a reservoir for three-dimensional Sim-gun, Chungcheongnam-gun, Chungcheongnam-do without obtaining a driver’s license on June 16, 2014 to the front road.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) (hereinafter “Road Traffic Act”) committed a violation of the Road Traffic Act (hereinafter “Road Traffic Act”) by the Defendant: (a) it was obvious that the Defendant was able to drive the said cargo while driving the said cargo, against the car of D and the car of D; and (b) the Defendant reported the Defendant’s drinking driving to the police.

Upon receipt of the above report, the Defendant discovered a slopeF belonging to the Geumcheon-gu Police Station E-gu of the Geumsan Police Station and voluntarily carried out the act in the same district.

On June 22, 2014, at around 18:59, the Defendant was required to respond to the measurement of alcohol by inserting the breath of the alcohol measuring instrument three times from the above F until 19:19 on the same day, on the grounds that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, such as the Defendant’s smelling and photographing face with red and having been stated by a witness of a drunk driving.

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 of D police statement;

1. The circumstantial statement of the employee;

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

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning facts constituting the crime;

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 (Article 62 (1) of the Criminal Act, considering the fact that the person appears to have seriously reflected during detention;

1. The Criminal Act;