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

On October 26, 2016, the Defendant issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking) in the Goyang Branch of the Jung-gu District Court on March 26, 2016, and a fine of KRW 3 million for a crime of violating the Road Traffic Act (drinking) in the same court on July 28, 2017.

Criminal facts

1. On June 28, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a D-crick vehicle in the section of about 15 kilometers from the front road to the front road of Gyeyang-gu, Gyeyang-gu, 19:14 on the same day from the street in the city of wave around 18:45 on June 28, 2018 without a driver’s license.

2. On June 29, 2018, the Defendant was under the influence of alcohol by making a 112 report, and driving under the influence of alcohol, on the ground that the Defendant was under the influence of alcohol, while under the influence of alcohol in the front of Seoyang-gu C at the time of heighting around 01:36 on June 29, 2018.

Inasmuch as there are reasonable grounds to determine a person, E District Racing F was demanded to respond to the measurement of drinking by inserting the breath of around 02:27 on the same day, around 02:42 on the same day, and around 02:51 on three occasions in total.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement of G and H;

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

1. Photographs related to driving without a license;

1. Photographs related to the measurement of drinking;

1. Application of Acts and subordinate statutes to the driving license ledger;

1. Relevant legal provisions of the Act and Articles 152 subparag. 1, 43 (Unlicensed Driving), 148-2 subparag. 2, and 44(2) (a) of the Road Traffic Act concerning criminal facts of this case, and the choice of imprisonment for a crime of this case (the fact that a person refuses to measure drinking although he/she had a record of driving alcohol in 2016 and 2017, he/she commits the crime of this case within a short time although he/she had a record of driving alcohol in 2016 and 2017: Provided, That data on actual driving of drinking can not be found;

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 for mitigation of a small amount of punishment