A defendant shall be punished by imprisonment for one year.

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of drinking measurement) by the Defendant was parked in front of C in Jin-si, Jin-si, 18:50 on October 22, 2016, and D in the course of mobilization after receiving a report on the occurrence of a traffic accident from E, while driving a motor vehicle that the Defendant would drive a F observer and parked in front of it.

E Driving under the influence of alcohol, such as the inafluence of the name and the statement to the effect that the person without a name was aware of the shocking fact of the G K3 car, and the Defendant’s vehicle and the above E vehicle confirmed that there was shocking of shock, respectively, and the Defendant was in an incorrect and influence of drinking in the entrance.

Since there are reasonable grounds to determine a person, the defendant requested the defendant to respond to the drinking test, but the defendant rejected it without justifiable reasons.

2. Defendant 1, at the above date, was driving a vehicle without a driver’s license for a vehicle with a volume of about 5m F observers without a driver’s license.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness of H;

1. Application of Acts and subordinate statutes, such as the ledger of use of drinking meters, detection reports, driver's license ledger of automobiles, field photographs, etc.;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Denial of the measurement of drinking alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act and the selection of imprisonment;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and the selection of imprisonment.

1. The defendant's reasons for sentencing under the former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are several times, despite punishment, repeated crimes related to drinking/non-licenseing, and the crime of this case was committed during the suspension period of the execution of the same kind of crime, and other conditions for sentencing, such as the defendant's age and sexual conduct, are considered as ordered.