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 April 2, 2015, the Defendant was driving a B rocketing car without obtaining a driver’s license on a section of about 5 km from the sea recognition company located in Jinju-si 218 to the front road of the Myeonho Village located in the Dong-dong at the same time.

2. On April 2, 2015, at around 19:45, the Defendant violated the Road Traffic Act (recognition refusal) caused a traffic accident that leads to the shock of urban buses while driving the said rocketing car in front of the village of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the front of the road, and thus, voluntarily driven through the traffic survey team of the Gyeongnam-gu Police Station at the 24th-ro, Jin-gu, Jinju for the investigation into the said traffic accident, and there is considerable reason to recognize the Defendant as driving while under the influence of alcohol, such as smelling, smelling, and raising red light on the face of the Defendant from around 20:45 on April 2, 2015 to around 21:15, the Defendant was demanded to comply with a drinking measurement by inserting it over three minutes.

Nevertheless, the defendant refused to take a drinking-free measuring instrument in his/her hand, and did not comply with a police officer's request for a drinking-free measuring instrument without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. A report on detection of a host driver (Refusal of measurement) and a report on the circumstantial statement of a host driver;

1. Registers of driver's licenses;

1. Application of Acts and subordinate statutes to a traffic accident report and a traffic accident actual investigation report;

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, and Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure such facts, the choice of imprisonment) of the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments in the above two crimes);

1. Discretionary mitigation under Articles 53 and 55(1)3 of the Criminal Act;