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A defendant shall be punished by imprisonment with prison labor for up to six months.
Reasons
Punishment of the crime
1. On June 25, 2018, the Defendant: (a) driven a G low-priced vehicle without obtaining a driver’s license in a section of about 400 meters from the D front to the F Beauty room located in Ma at Ma in lightyang-si around 16:19 around June 25, 2018.
2. Violation of the Road Traffic Act (Refusal of measurement) The Defendant driven a vehicle while under the influence of alcohol, such as passing a alcohol on the Defendant’s entrance from the police box belonging to the optical Police Station H department, the walking distance of which is unsatisfy, tamping on the face, while driving the vehicle after receiving a report that the Defendant is driving the vehicle on the front of the cosmetic at a time specified in paragraph (1).
Even though there are reasonable grounds to determine a person, the police officer did not comply with a police officer's request for the measurement of drinking without justifiable grounds, despite the police officer's request to respond to the measurement of drinking by inserting approximately four minutes a total of about 41 minutes.
Summary of Evidence
1. Statement by the defendant in court;
1. Investigation reports (Refusal of measuring a violation of the Road Traffic Act for drinking);
1. Statement of the circumstances of the driver involved in driving;
1. The driver's license ledger;
1. Application of Acts and subordinate statutes concerning refusal to measure drinking;
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, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;
1. Although the reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act reflects the Defendant’s mistake, the Defendant shall be sentenced to a punishment, considering the following: (a) there are two-time criminal records for refusing to measure alcohol; (b) there are two-time criminal records for the Defendant due to drinking and driving without a driver’s license; and (c) despite the fact that the Defendant once again drives a motor vehicle without a driver’s license, the Defendant shall be sentenced to a punishment.
The circumstances mentioned above, and the criminal record, age, and age of the defendant.