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. Around 23:40 on May 15, 2014, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level) was required from D to respond to a drinking test for about 30 minutes by a police officer belonging to the Seoul Coast Guard Station, on the ground that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as a walking and drinking on the front of 117-lane along the Seocho-gu Seoul Coast Guard, while driving a C-learning car with drinking on the front of 117-lane.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

2. Violation of the Road Traffic Act (unlicensed Driving) was driven by the Defendant from the roads adjacent to the Seocho-gu Seoul Metropolitan Government Kafabba, Seocho-gu, Seoul, to the front road of about 100 meters at the center of Seocho-gu, Seoul, Seocho-gu, Seoul, to the front road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense (a point of refusal of measurement of alcoholic beverages), subparagraph 1 of Article 152 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

1. Selection of each sentence of imprisonment;

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 two crimes);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (In consideration of the circumstances, such as the fact that the defendant reflects his/her mistake and has no record of punishment exceeding the fine);

1. Article 62-2 of the Criminal Act for community service and order to attend lectures;