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

Punishment of the crime

1. On January 21, 2016, the Defendant driven a C New EF rocketing car without obtaining a driver’s license from a third-story parking lot located in the 55-ro of the same Gu and the same Gu, located in the front of a restaurant in which the trade name in the Daejeon Seodong-dong, Daejeon Seodong-gu, is unknown, around 00:20 on January 21, 2016.

2. There was a substantial reason for the Defendant to drive under the influence of alcohol, such as a fluence of a police officer who was sent to the site after receiving a report of 112 that he/she is driving under drinking at the third floor parking lot of an apartment building above the third floor above the city at the same time as paragraph (1) of the Road Traffic Act.

Accordingly, the Defendant was requested from around 01:19 to 01:48 on the same day to have a drinking test at least three times at the Seongbuk Police Station, but did not comply with the police officer’s request for a drinking test without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the main driver's identification, and photographs refusing to measure;

1. 112 A list of reported cases;

1. Written statements of D;

1. Reporting on the arrest of a victim of a violation of road traffic laws;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;

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. There are circumstances to consider the reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act (i.e., circumstances favorable to the defendant among the reasons for sentencing) of the Act on the Mitigation of Small Quantity, including the fact that the defendant was aware of the crime of this case and reflects on the time of the crime, and that the defendant salvateds his parents regardless of whether he was sick. However, the defendant was punished for driving under the influence of alcohol on March 2013, and the defendant was not much punished for driving under the influence of alcohol.