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

Punishment of the crime

1. On June 7, 2018, at around 19:45, the Defendant driven the E-Poter Cargo Vehicles without a car driver’s license for approximately KRW 100 meters, up to D’s front roads located in C in front of the Busan Seo-gu B market.

2. The Defendant, at the above temporary police station D’s front of the foregoing D’s road, failed to comply with the request for the measurement of alcohol from the above G without justifiable grounds, on the grounds that there were reasonable grounds to recognize that the Defendant was driven under the influence of alcohol, such as her face and snow was frighted, and that there was a considerable reason to recognize that he was driven under the influence of alcohol, such as smelling in the said G, which was called out after the 112 report.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the control of drinking driving, report on the state of drinking drivers' standing statement, investigation report (report on the state of drinking drivers), investigation report (Refusal of measuring), and investigation report;

1. Application of the statutes on the register of driver's licenses;

1. Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for each of the types of punishment

1. Of concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (Aggravation of concurrent crimes with the punishment prescribed for a violation of the Road Traffic Act with heavier punishment);

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation is that the Defendant was punished for driving under the influence of alcohol, and the Defendant committed the following criminal acts even though he/she was placed in the place of suspended execution on April 7, 2017 due to drunk driving, and it is not good that the Defendant committed the following criminal acts.

The defendant caused a serious contact with the criminal conduct, thereby realizing the risk of drinking driving.

The defendant is unable to dismiss the habits of repeated drinking driving, and at the time of the decision.