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.

Criminal facts

The defendant is a person who drives a Eran vehicle.

1. On February 26, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving the said vehicle at a section of approximately 600 meters from the 13rd apartment road near the 13rd apartment road located in the Yan-si, Kimhae-si, Kimhae-si, Kim Jong-si, to the front road of the so-called so-called 600-51, without obtaining a driver’s license around 00:0:03.

2. Violation of the Road Traffic Act (refluence of drinking), Defendant 1 driven a motor vehicle while under the influence of alcohol, such as driving the said motor vehicle at the border of the above day and driving the motor vehicle to a 12-month fluence apartment parking lot located in the fluence of the fluence of the fluence of the Kimhae-si, in violation of the signal from the shooting distance of the valley elementary school in the fluence of the fluence of the Kimhae-si, while driving the motor vehicle at the fluence of the fluence.

Since there are reasonable grounds to determine a person, Kim Jong-dae received a request for a alcohol test from G 00:32 to 01:30 on four occasions from G police officers belonging to the F police station, but did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of each sentence of imprisonment;

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. A comprehensive consideration of the following: (a) details and content of the crime with reason for sentencing under Article 62-2 of the Social Service Order Criminal Act; and (b) criminal records and reflectivity; and (c) the same sentence as the order was imposed