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 22:50 on March 18, 2014, the Defendant driving a B ice car without a driver’s license from a section of approximately 900 meters from the front day of the Dondong-si Dondong-ro to the front road of the same Eup as his/her desired real estate.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) has reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as where the Defendant was under the influence of alcohol on the road in front of the aforementioned desired real estate at a time and time, and the Defendant was under the influence of alcohol, such as where the Defendant was under the influence of alcohol, by continuing to sniffing in the entrance while the Defendant was trying not to take a sniffing test, and his body is unable to be properly accumulated, and the face and eye are red shocked, and thus, the Defendant did not comply with the demand of the Defendant to comply with the drinking measurement by inserting approximately 30 minutes from E to 23:38 of the day from around 23:06 to around 23:38 of the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. A photograph refusing measurement;

1. Application of Acts and subordinate statutes to the Motor Vehicle Driving Register;

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, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 62 (1) of the Criminal Act;

1. Probation and the reason for sentencing under Article 62-2 of the Criminal Act are the same as the defendant, who drives a motor vehicle under the influence of alcohol without a second license even though he/she had a record of punishment three times due to drinking driving, and thus refuses to take a drinking test by the traffic control police officer without any justifiable reason.

However, the defendant is not a party.