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

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

Punishment of the crime

1. On September 16, 2014, the Defendant violated the Road Traffic Act (unlicensed driving) driving a G non-low-land car without a driver’s license from the D front road located in Mineyang-si C to the F front road located in Mineyang-si E, approximately 4.3 km away from the 4.3km section without a driver’s license.

2. On September 16, 2014, the Defendant violated the Road Traffic Act (Refusal of the measurement of noise level) has reasonable grounds to recognize that he was driving the said vehicle while under the influence of alcohol, such as the above F F, smelling, drinking, and snicking of the face, while under the influence of alcohol, etc., the Defendant voluntarily operated the said vehicle by using the Haba Police Station, which is under the jurisdiction of the Mineyang Police Station, by means of a slope assistant I, etc. affiliated with the Habnyang Police Station, and failed to comply with the demand for the measurement of alcohol level on three occasions by the said I, even though he was subject to the demand for the measurement of alcohol level on three occasions in total.

Accordingly, the defendant did not comply with the sobreath test of a police officer as a person who has a considerable reason to recognize that he is under the influence of alcohol.

Summary of Evidence

Application of the law of the defendant, K's legal statement, K's police statement, the ledger of driver's license, and photographic statutes;

1. Relevant legal provisions concerning criminal facts: Operation without obtaining a license for driving without prison labor: Subparagraph 1 of Article 152 or Article 43 of the Road Traffic Act: Article 148-2 (1) 2 or Article 44 (2) of the Road Traffic Act;

2. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act. Article 50 of the same Act shall apply mutatis mutandis.

3. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

4. Article 62 (1) of the Criminal Act on the stay of execution (Article 62 (1) of the Criminal Act on the grounds that a person who has been sentenced to a suspended sentence of imprisonment for a traffic crime in 2003 is punished by a fine not only twice but also reflects the late or late mistake, etc.);

5. Probation, community service order or order to attend a lecture under Article 62-2 of the Criminal Act;