A defendant shall be punished by imprisonment for one year.

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 May 5, 2013, at around 00:25, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), the Defendant was demanded to comply with the measurement of drinking by inserting alcohol in a manner of making it possible to recognize that he/she was driven under the influence of drinking, such as drinking, smelling on the face and smell from the traffic of the Incheon Western Police Station and his/her seat, while driving a B-don motor vehicle under the influence of drinking on the road in front of the bank cam in Seo-gu Incheon, Seo-gu, Incheon.

Nevertheless, the defendant, without any justifiable reason, failed to comply with the police officer's request for sobage measurement.

2. On May 5, 2013, the Defendant violated the Road Traffic Act (unlicensed driving) at around 00:25, the Defendant driven Bho-do car at a section of about 300 meters from the front of the national empty road in Seo-gu, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon to the road in front of the bank youth in the Seo-gu, Seo-gu, Incheon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving under the influence of alcohol, and photographs refusing to measure under the influence of alcohol;

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

1. Relevant legal provisions concerning facts constituting a crime: Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the Road Traffic Act to refuse to measure the alcohol without a license: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

1. Aggravation of concurrent crimes among concurrent crimes under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 (Aggravation of Concurrent Crimes within the scope of the punishment computed by aggregating the maximum term of two crimes prescribed for the crime of violation of the Road Traffic Act due to refusal of heavy drinking

1. Article 62 (1) of the Criminal Act (including the cases where he/she commits an error, etc.);

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