A defendant shall be punished by imprisonment for not more than ten 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 00:01 on March 31, 201, the Defendant violated the Road Traffic Act (refluence of the noise measurement) driving a C-wing truck on the road near the Seo-gu Incheon Seo-gu Oil Station, and entering the above B-wing station while driving the vehicle, and was diving from the driver’s seat while driving the vehicle.

Afterwards, a person who used the gas station after the cargo vehicle and a gas station employee discovered the Defendant regardless of whether he was diving and broken down several times, but without causing the Defendant, reported the Defendant to the police station of snacker. Upon receipt of the above report, the police officer, who called upon the above, requested the first respiratory alcohol test at around 01:33 on the same day because there are reasonable grounds to recognize the Defendant to have driven under the influence of alcohol, and requested the second pulmonary alcohol test at around 01:43 on the same day. On the same day, the Defendant refused the said measurement request, but the Defendant refused the said measurement request.

As a result, the Defendant did not comply with a police officer's drinking test.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of the said C Truck without obtaining a driver’s license from a cafeteria in the mutual unclaimed restaurant in Seo-gu Incheon Metropolitan City, Seo-gu to the above B gas station at approximately 80 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking driving control, and application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant legal provisions concerning facts constituting an offense, and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that choose a penalty (the refusal of drinking alcohol measurement, the choice of imprisonment), Article 152 subparagraph 1 of the Road Traffic Act, and Articles 152 and 43 of the Road Traffic Act;

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

1. Mitigation of discretionary work and mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009);

1. Article 62 (1) of the Criminal Act on the suspension of execution (the preceding part of the Criminal Act shall be repeatedly considered for the benefit of the defendant);

1. An order to attend a course under Article 62-2 of the Criminal Act, probation, etc.;