A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[criminal record] On November 10, 2016, the Defendant was sentenced to a two-year suspended sentence of imprisonment for the same crime at the Daegu District Court on June 2016, and the judgment became final and conclusive on November 18, 2016.

[Criminal facts]

1. On October 2, 2016, the Defendant was demanded to respond to the drinking test by inserting approximately 30 minutes from the slope E belonging to the Dog-gu Daegu-gu, Daegu-gu, the Defendant, in violation of the Road Traffic Act.

At the time, while driving a Fchip car, the Defendant reported the Defendant to 112 as a drinking driver in the process of the G and the city expenses by clarifying the Fchip car and the traffic accident day. Moreover, the Defendant was under the influence of alcohol, such as inabrupting and smelling the fact that the Defendant was under the influence of alcohol.

There was a considerable reason to determine the person.

Nevertheless, the Defendant did not put the part of a drinking measuring instrument into a drinking measuring instrument and avoided a drinking test, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

2. Violation of the Road Traffic Act (unlicensed Driving) driving a Franchising car within about 1 km section from the first restaurant located in the Daegu Dong-gu H to the place referred to in the preceding paragraph on a daily border, such as in the preceding paragraph, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of the crackdown on drinking, refusal to measure drinking, photograph, the ledger of license before automatically carrying out, and a letter of next inquiry;

1. Previous conviction in judgment: Application of the provision of a reply to inquiries, such as criminal history, the text of the judgment, and the details of the progress of the case (No. 19,20 of evidence);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

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. The Criminal Act for mitigation of quantity;