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 July 19, 2018, the Defendant was under the influence of alcohol, such as drinking alcohol, smelling the Defendant from a slope E belonging to the Jincheon Police Station D District Unit, who was dispatched after receiving a report of 112 while driving a Cunst motor vehicle in front of the Jincheon-gun, Jincheon-gun, Jincheon-gun on July 19, 201, while drinking alcohol, and driving the motor vehicle under the influence of alcohol.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking by inserting the whole influence of drinking.

Nevertheless, the Defendant spawn this with his hand, and spawn it “nick with the mind of not making a drinking,” and avoided it by leaving the scene, etc., and did not comply with a police officer’s request for the measurement of drinking without justifiable grounds.

2. The Defendant violated the Road Traffic Act (Non-licenseless Driving) driven the Cununst Motor Vehicle without the driver’s license within approximately 700 meters from the front of G located in the CF of the Jincheon-gun of Chungcheongnam-do to the front of the Jincheon-gun of Chungcheongnam-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Each statement;

1. The actual investigation report on traffic accidents;

1. Reporting on the arrest of the case;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Application of Acts and subordinate statutes on site photographs;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (1) (a) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively; Article 152 subparagraph 1, Article 43 (a) of the Road Traffic Act (a non-licensed driving) and Article 152 of the Road Traffic Act;

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. It is advantageous to the fact that the crime of sentencing under Article 62-2 of the Social Service Order Criminal Act is recognized and wrong, that there is no record of punishment heavier than the fine for the same crime, and that it is not repeated driving of drinking in a short period.