A defendant shall be punished by imprisonment for six months.

Punishment of the crime

【Criminal Power】 On March 19, 2014, the Defendant was sentenced to imprisonment with labor for a violation of the Road Traffic Act at the Suwon District Court’s Eunpyeong site, and is currently under suspension of execution for six months.

【Criminal Facts】

1. On January 11, 2015, while driving DK7 motor vehicles on the front of the “Camb” in Pyeongtaek-si B at around 23:10, the Defendant refused to comply with a request for the measurement of alcohol by a police officer without justifiable grounds, such as: (a) there are reasonable grounds to recognize that the Defendant was driving while drinking DK7 motor vehicles on the front of the “Camb” on the road in Pyeongtaek-si B; (b) there is a considerable reason to believe that the Defendant was driving while drinking DK7 motor vehicles on the front of the “Camb”; and (c) the Defendant was demanded by a police officer to comply with a request for the measurement of alcohol by inserting a drinking measuring instrument for about 40 minutes by inserting it into a drinking measuring instrument for about 40 minutes from that time; and (d) the Defendant refused to comply with a request for the measurement of alcohol by a police officer for the measurement of alcohol without any justifiable reason.

2. Around January 23:10, 2015, the Defendant violated the Road Traffic Act (free license) driving of DK7 vehicles without obtaining a driver’s license at a section of about 300 meters from the rear door of Pyeongtaek University, which is moving to Pyeongtaek-si, to the front road of “Curel” located in B.

Summary of Evidence

1. Defendant's legal statement;

1. Making inquiries into the results of the drinking driving control, copies of the usage register of a drinking measuring instrument, and the register of driving of vehicles and making inquiries into the vehicle;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

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

1. Circumstances in favor of the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation: reflectivity.