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

[criminal history] The Defendant was issued a summary order of KRW 2 million from the Suwon Friwon to a crime of violating the Road Traffic Act at the Incheon District Court on November 3, 2014, and a fine of KRW 2 million from September 29, 201 to the same crime.

[Criminal facts]

1. The defendant is a person who is engaged in driving of B Poter cargo vehicles.

On October 21, 2015, the Defendant driven the foregoing cargo vehicle under the influence of alcohol from around 22:40 to around 635-1 of the same road, while driving the vehicle under the influence of alcohol from around 150 meters to around 635-1 of the same, the Defendant driven the vehicle under the influence of alcohol, such as drinking alcohol to the Defendant from the border C belonging to the traffic safety department of the Incheon Southern-dong Police Station, setting a redlight on the face.

Since 22:50 on the same day, it was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of the same day from around 22:50 on the same day.

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

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving of B Poter Cargo Vehicles without obtaining a driver’s license at the above time and place.

Summary of Evidence

1. Statement by the defendant in court;

1. A copy of the report on the circumstances of driving a vehicle, the report on the circumstances of driving a vehicle without a license, the report on the circumstances of a driver driving a vehicle, the driver’s license register, and the register of using a

1. Previous convictions: References to inquiries, such as criminal history, and application of Acts and subordinate statutes of investigation reports (Attachment to the same criminal suspect judgment);

1. Relevant provisions of 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 (Unlicensed Driving) of the Road Traffic Act, 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. Article 53 and Article 55(1)3 of the Criminal Act (a) of the Act on Reduction and Exemption of Small Amount and there is no record of being punished by imprisonment without prison labor or heavier;