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

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

Punishment of the crime

1. On September 4, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving on the road without obtaining a driver’s license on September 4, 2016, and driving the EN Sin-si Driving on the road front of the D High School located in Daejeon Dong-gu, Daejeon at approximately five meters.

2. On the same day, the Defendant is under the influence of alcohol, such as where he/she was subject to drinking control from a Fridge G of the Seoul East Police Station G of the Daejeon East Police Station at the same place, and it is confirmed that drinking has been drunk at the drinking reduction.

If there is a reasonable ground to determine the person, the police officer failed to comply with the request for the measurement of drinking on three occasions by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. A H statement;

1. An explanatory note;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Circumstances unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act: Decision on the punishment that a person subject to protection and observation, or an order to attend a lecture and refuses to take a drinking test by a police officer; the circumstances that have no record of crime exceeding a fine: The fact that there is no record of crime in favor of two times in the records of driving a drinking alcohol; and the fact that a confession and reflect is made: The following circumstances are different from the above circumstances, taking into account various conditions of sentencing specified in the arguments in the instant case, such as the defendant's age, sexual behavior, environment, motive, means