A defendant shall be punished by imprisonment for one year.

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 May 12, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road without a driver’s license of the vehicle, the Defendant driven the E-to-purd vehicle at the distance of about 50 meters prior to the “D” located in the original city C without a driver’s license of the vehicle.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 1 was driving a motor vehicle under the influence of alcohol by a police officer belonging to the district police station at the level of the original police station called out after receiving a report on the Defendant's drinking and having driven a motor vehicle at the above time and place, by drinking alcohol, smelling, in inaccurate, in an inaccurate manner, and in an inaccurate manner;

If there are reasonable grounds to determine a person, even though the person was requested to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument, he/she did not comply with the request for the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Report on the circumstances of a driver of a vehicle driving, report on the circumstances of a driver of a vehicle driving, notification of the results of regulating the driving of drinking, and license register;

1. Each investigation report (round 9, 16, 25);

1. Application of Acts and subordinate statutes concerning rejection of measurement;

1. Relevant Article of the Act and Articles 152 subparag. 1 and 43 of the Road Traffic Act, Articles 148-2 subparag. 2 and 44(2) of the Road Traffic Act, the selection of imprisonment for a crime, as well as the selection of punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is as follows: (a) there was a history of being subject to criminal punishment twice due to drinking alcohol driving after 2013; (b) in particular, even though there was a history of criminal punishment due to drinking driving on April 28, 2017, two weeks have not yet elapsed; and (c) it is highly highly likely that recidivism, such as committing each of the instant crimes, while drinking alcohol without a license, is committed.

In addition, the quality of crime is not good by refusing to measure drinking.

Since there is no record of criminal punishment other than three times of a fine, the execution of a sentence has been made for a certain period of time.