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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On May 23, 2018, at around 02:25, the Defendant violated the Road Traffic Act (refluoring to measure a drinking level), the police officers belonging to the Western Police Station received 112 reports and requested the Defendant to re-examine the vehicle under the influence of alcohol on his/her face and confirmed that the Defendant was driving the vehicle under the influence of alcohol and confirmed that the Defendant was driving the vehicle under the influence of alcohol, and requested the Defendant to re-examine the vehicle by using the drinking measuring instrument from around 03:12 on May 23, 2018 to around 203:27 on May 23, 2018.
As a result, the Defendant did not comply with a breath test by a police officer, who has a reasonable ground to recognize that he was driving a motor vehicle while under influence of alcohol.
2. Around 02:25 on May 23, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driven the said Csch Rexroth car at a section of about 300 meters from the D neighboring road at Seopo-si to the est hotel in Seopo-si without a driver’s license.
Summary of Evidence
1. Defendant's legal statement;
1. Notification of the results of the drinking driving control, the ledger for using a drinking measuring instrument, and the report on the state of drinking driving;
1. Application of the register of driver's licenses, details of cancellation;
1. Article 148-2(1)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); Articles 152 subparag. 1 and 43 of the Road Traffic Act; the choice of imprisonment for a crime
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. The fact that there are many criminal records of the same kind of punishment for sentencing under Articles 53 and 55(1)3 of the Criminal Act, and the defendant commits a short period of time during the suspension of execution, while the defendant commits a violation.