A defendant shall be punished by imprisonment for one year.

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

1. On July 10, 2017, the Defendant was driving under the influence of alcohol, such as a violation of the Road Traffic Act (Refusal of measurement of drinking), under the influence of alcohol, from D having a large amount of drinking smells to the Defendant from the situation where C of the police station in the Masan-dong Police Station C, which was under the influence of drinking on the front side of the Masan-gu, Changwon-si, Changwon-si, Seoul Special Metropolitan City, the Defendant was driving under the influence of alcohol, such as the influence of drinking by drinking alcohol, the influence of drinking by a large amount

There are reasonable grounds to recognize the same day, which was demanded from 22:58 to 23:21 on the same day to respond to the measurement of drinking by inserting the whole breath of drinking in four times in total.

그럼에도 불구하고 피고인은 “ 한 번만 봐 달라”, “ 내일 아침에 측정하겠다” 는 말만 되풀이하면서 음주측정기에 입김을 불어넣는 시늉조차 하지 아니하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정 요구에 응하지 아니하였다.

2. On July 10, 2017, the Defendant, at around 22:55, driven a GMW520D car without obtaining a driver’s license from the road near the “F Scrap Golf Course located in the Masan-gu, Changwon-si, Busan.”

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of control police officers;

1. Statement of the circumstances of the driver involved in driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. 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 Criminal Act includes the defendant's experience of refusing to measure alcohol, driving drinking and driving without obtaining a license, but the fact that the defendant recognizes the crime and reflects it, there is no record of a heavier crime than suspended execution, and the age, family relationship, and family relationship of the defendant.