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

On October 04, 2013, at around 00:20, the Defendant was demanded to comply with a drinking test by inserting the measuring instrument for drinking over about 30 minutes from the border D belonging to the Henan Police Station to the front of the convenience store of GS25:0 in front of the city, which is located at the lower end of the same Gu on the road in front of the city, to the day before the GS25:0,000, while driving the CA110 Oba without a motorcycle driver’s license. In addition, the Defendant was required to comply with the drinking test by inserting a witness’s report that he was driving while driving the CA110 oba, while driving the oba, without a motorcycle driver’s license.

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. A report on the actual state of the driver;

1. A photograph refusing to measure drinking;

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

1. Relevant provisions of subparagraph 2 of Article 154 of the Road Traffic Act, Article 43 of the Road Traffic Act, and Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts of 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;