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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 20:30 on December 4, 2012, the Defendant was driving a vehicle B-III at a section of about 1 km from the front road to the front road of the gold instructor in the Gu-Si, Gu-si, Gangwon-gu, Gangwon-do, Gangwon-do, Seoul Special Metropolitan City, without obtaining a driver’s license.

2. On December 4, 2012, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking level) requested the Defendant to respond to the measurement of drinking level by inserting it into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as smelling and smelling on the face, smoking, and showing reaction by a drinking reduction, while driving a flag B and III freight vehicle in front of the gold instructor in the flag of the Gu, Sin-si, Sin-si on the front side of the flab, the Defendant refused to comply with the request for the measurement of drinking level by a police officer without justifiable grounds. However, the Defendant refused to comply with the request by the police officer for the measurement of drinking level without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

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

1. A report on investigation (11 pages of investigation records);

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses;

1. Application of the photographic Acts and subordinate statutes;

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The reason for sentencing under Article 62-2(1) of the Criminal Act lies in a history of having been punished by a fine on several occasions due to drunk driving and driving without a license, and in particular, the Defendant is driving under the influence of alcohol on June 16, 201 and May 16, 2012.