A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On May 3, 2018, the Defendant: (a) driven under the influence of alcohol, such as drinking, smelling, smelling, drinking, etc., at around the front of the gold farm basin in Busan, the reaction of drinking at around May 23:43, 2018; (b) the Defendant was under the influence of alcohol.

If there is a reasonable reason to determine the person, the police officer requested about 40 minutes to respond to the drinking test five times between about 40 minutes, but did not comply with the drinking test in such a way that he did not normally have repulmonate.

2. On May 3, 2018, the Defendant driven a B-low car without a driver’s license from around 4km-dong, Namyang-dong, Namyang-dong, Busan, to the front road in the Geumsan-dong, Seosan-dong, Busan, the Defendant driven the B-low car without a driver’s license from around 4km-dong to the front road in the Geumsan-dong, Busan.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Investigation report (ten pages of evidence records);

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reasons for sentencing under Article 62-2(1) of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, etc. of the Act on Social Service and Order to Attend Education are as follows: (a) the Defendant again committed the instant crime despite the fact that the Defendant had been punished for driving alcohol several times; (b) the instant crime is committed under the unfavorable circumstances, such as the Defendant’s driving of a motor vehicle without a driver’s license and failing to comply with the measurement of drinking; (c) the Defendant recognized the instant crime, and thus, is deeply divided with the mistake; and (d) there is no record of criminal punishment exceeding the fine.