A defendant shall be punished by imprisonment for not more than ten months.

Punishment of the crime

1. On November 16, 2016, the Defendant driving a D car at approximately 10 meters away from the 10-meter section to the new village development zone located in the same new village of Gwangju, Seo-gu without obtaining a driver’s license for a motor vehicle on November 16, 2016.

2. 도로 교통법위반( 음주 측정거부) 피고인은 2016. 11. 16. 19:10 경 광주 서구 신촌길에 있는 신 촌마을 공터에서 D 카 렌스 승용차를 운전 하다 음주 운전자가 있다는 112 신고를 받고 출동한 광주 서부 경찰서 E 지구대 소속 순경 F 등으로부터 피고인이 위 승용차에 시동을 켠 채 운전석에 앉아 있고, 술 냄새를 풍기며 비틀거리는 등 술에 취한 상태에서 운전하였다고

Despite the fact that there are reasonable grounds to determine a person, despite the receipt of a request to respond to the measurement of drinking by inserting the breath of drinking, the person refuses it in his/her hand, and even though he/she was requested from 19:42 to 20:02 of the same day, he/she did not comply with the police officer's request for the measurement of drinking without justifiable grounds despite the fact that the person was again requested to comply with the measurement of drinking by inserting the breath of drinking in his/her hand from 19:42 to 20:02 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the situation of driving on a driving, report on the details of crackdown, ledger of the use of a drinking measuring instrument, notification of the results of regulating the driving of drinking, ledger of driver's license, and application of each statute of photograph

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. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is the driving under the influence of alcohol.