A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[criminal history] On November 19, 2013, the Defendant was sentenced to four months of imprisonment with labor for a violation of road traffic laws at the Jung-gu District Court on the part of the Defendant, and completed the execution of the sentence on March 18, 2014.

[Criminal facts]

1. On August 23, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a e-mail entertainment car on the road front of the D convenience shop located in Ischeon-si, Leecheon-si, with a report of suspicion of drinking, was discovered to G while driving the e-mail entertainment car on the road, and was driven under the influence of alcohol, such as the Defendant’s snicking, inaccurate, inaccurate, and unfluoring the body at the Defendant’s entrance.

Considering that there are reasonable grounds to determine a person, the same day was demanded to measure drinking at intervals of 10 minutes from around 13:18 to around 13:38 of the same day by inserting the whole part of the breath in the field of respiratory, but the same was not complied with without justifiable grounds.

2. Violation of the Road Traffic Act (Non-licenseless Driving) driving a Ethyon-type 22-3 km from the 8809-gil to the front of the said D convenience store as of the day indicated in paragraph 1 of this Article, the Defendant driven a Ethyon-type car without obtaining a driver’s license from the 2km section from the 8809-dong, Seocheon-si, Seocheon-si, Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving at home and report on the situation of driving without a license;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, results of search by prisoners, and investigation reports (Attachment Reports, such as the previous one and summary orders, etc.);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Aggravation of concurrent crimes by concurrent crimes as provided for in the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act [the punishment shall be more severe (refiscing of drinking), concurrent crimes by concurrent crimes (the second crimes).