피고인은 2016. 8. 2. 18:58 경 자동차 운전면허를 받지 아니한 채 C 스포 티지 승용차를 운전하여 광양시 옥곡면 명주 1 길 옥곡면과 진상면 경계 지점 도로에 정차한 후 시동을 켠 채 음악을 크게 틀어 놓고 있다가 신고를 받고 출동한 광 양 경찰서 D 파출소 소속 경위 E 등으로부터 피고인에게 서 술 냄새가 나고 얼굴에 홍조를 띠며 걸음걸이가 비틀거리는 등 술에 취한 상태에서 운전하였다고

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting the whole influence of drinking in three times from 19:30 to 20:13 on the same day.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

As a result, the Defendant driven a car without obtaining a driver's license, and did not comply with a police officer's demand for alcohol measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. Evidence photographs;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning the facts constituting an offense, the choice of punishment, and the choice of imprisonment with labor, as prescribed under Articles 152 subparagraph 1 and 43 of the Road Traffic Act;

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. On June 15, 2016, the Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Act on Reduction of Small Quantity, was sentenced to a two-year suspended sentence for a crime of violation of road traffic laws (driving), etc., and was sentenced to a two-year suspended sentence for the same court on June 15, 2016, and again carried out drinking and non-licensed driving only for two months.

However, the sentencing conditions, such as the defendant's age and family environment, shall be determined as ordered by considering the sentencing conditions.