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 January 17, 2017, the Defendant violated the Road Traffic Act (non-licenseless Driving) driving approximately 1.5 km from the front day of the 203-Mandong Samsung Home Pung-dong, Gwangju, without obtaining a driver’s license on a motor vehicle, to the front day of the 203-Man-ro bus bus bus notice No. 160, supra, the Defendant driven approximately 1.5 km from the front day of the 203-Man-dong Samsungdong Samsung Home Pung-dong, without obtaining a driver’s license.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), the Defendant driven a motor vehicle with red eye and face while smelling from DNA slope E belonging to the D District Police Station in Gwangju, at the date, time, place, and place of paragraph (1).

There is a considerable reason to suspect that he/she has failed to comply with the request for the measurement of drinking on three occasions from 23:30 to 23:50 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on detection of violations of traffic laws on roads;

1. An explanatory report (non-compliance with the measurement of drinking);

1. The circumstantial report of the driver employed at the main place;

1. Photographs refusing to measure drinking;

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. Reasons for sentencing under Article 62-2 of the Criminal Act, Article 59 of the Act on the Observation, etc. of Protection and Order to provide community service, order to attend lectures, and order to attend lectures;

A. Unfavorable conditions: The fact that the instant crime was committed again despite having been punished three times by driving under drinking from 2012 to 2014, and the quality of the instant crime was bad;

(b) favorable conditions: The defendant's acknowledgement of the crime of this case against his mistake, and the fact that he has no record of punishment heavier than the suspension of execution due to drinking driving, etc.

C. The Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and others.