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

Punishment of the crime

1. On October 3, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) driving the Cwing and C-III truck without obtaining a driver’s license from the front side of the Cwing-dong fishing village in Hasan-si to the 194-3rd road in Hasan-si, Hasan-si, Hasan-si.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), while driving a wing-III and III cargo vehicle while drinking alcohol at the same time and at the same place as in the preceding paragraph, the Defendant driven a motor vehicle under the influence of alcohol, such as driving the motor vehicle under the influence of alcohol, by driving the motor vehicle under the influence of alcohol, such as where the Defendant’s speech and behavior is rhymd from the E during the police box belonging to the Yasan Police Station Down Police Station, and

Due to reasonable grounds, there was a demand to respond to the measurement of drinking by inserting approximately 30 minutes in a drinking measuring instrument.

그럼에도 피고인은 “ 폐가 안 좋아 측정할 수 없다” 라며 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. The notification of alcohol measurement photographs, the results of regulating the driving of alcohol, the statement of the situation of the driver under the influence of alcohol, copies of the ledger of measurement of drinking alcohol, the handling of reported cases, and the application of the ledger of driver's licenses;

1. Relevant Article of the Act concerning the facts constituting an offense, Articles 152 and 43 of the Road Traffic Act (non-licensed driving point), Articles 148-2 and 144(2) of the Road Traffic Act (the occupation of refusing to measure drinking), and the choice of imprisonment, respectively;

1. Aggravation of concurrent crimes by imprisonment with prison labor for the crimes provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes (within the scope of the sum of the maximum term of imprisonment with prison labor for the crimes provided for in the above two crimes) ;

1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (Article 55(1)3 of the Act on Reduction and Exemption of Small Quantity) show that the Defendant’s mistake is divided.