A defendant shall be punished by imprisonment for six months.

Criminal facts

1. On April 25, 2016, the Defendant was driving a motor vehicle without a license on the road traffic law (unlicensed driving) in approximately 1 km section from the front and the front of the Jinwon-si, Seoul Special Metropolitan City, through the road from the front to the front of the U.S. in the vicinity, and without obtaining a driver’s license on the motor vehicle from the 1km section from the front to the front of the two roads.

2. On April 25, 2016, the Defendant was under the influence of alcohol, such as a violation of the Road Traffic Act (e.g., refusal of measurement of drinking), under the influence of alcohol, such as (i) the front and front of the Gu, a snow snow snowing, a walking on the face, and smelling on the face, and (ii) the drinking in a fluoring vehicle.

There are reasonable grounds to determine a person who is arrested as a flagrant offender on the charge of drinking driving, and was taken into custody, and thereafter, from 01:46 to 02:22 of the same day, the police officer did not comply with a police officer’s request for the measurement of drinking without justifiable grounds, even though the police officer was requested to comply with a drinking test by inserting the drinking measuring instrument four times from the slope E belonging to the above police box from 01:46 to 02:22 of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on the detection of a primary driver;

1. The driver's license ledger;

1. Application of the photographic Acts and subordinate statutes;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Selection of each sentence of imprisonment;

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

1. The following circumstances were taken into account in determining the same sentence as the order of reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount of punishment:

- Unfavorable circumstances: The fact that the record of criminal punishment due to driving of alcohol has been twice a sentence, including two times a sentence, etc. - the confession, reflectment, etc.