A defendant shall be punished by imprisonment for six months.

Punishment of the crime

On May 17, 2011, the Defendant was sentenced to four months of imprisonment due to the violation of the Road Traffic Act by the Daegu District Court on May 17, 201, and completed the execution of the sentence at the Daegu Detention Center on May 22, 2011.

In addition, the defendant has been punished for the violation of the Road Traffic Act (driving) three times more.

1. Around 20:50 on April 3, 2013, the Defendant driving a freight vehicle B without obtaining a driver’s license in a section of about 500 meters from the front day of the Marate to the front day of the Masan mountain village located in the Masan-Eup of the Seongbuk-do, Seongbuk-do.

2. On April 3, 2013, at around 20:55, the Defendant was demanded to comply with the measurement of drinking alcohol by inserting the alcohol measuring instrument into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol while driving the freight vehicles specified in paragraph (1) while drinking on the road in front of a mountain village of Sung-gun, Sung-gun, Sung-gun, Sung-gun, Seongbuk-gun, Seongbuk-gun, and then drinking the freight vehicles specified in paragraph (1), from the slope C belonging to the traffic control division of the Sungju Police Station, while driving the freight vehicles under the influence of drinking on the road.

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

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Inquiry letter, personal identification/Incarceration status, copies of each summary order, and the application of Acts and subordinate statutes to each judgment;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Article 35 of the Criminal Act among repeated crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 of the Criminal Act for discretionary mitigation.