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.

Criminal facts

1. On September 28, 2018, the Defendant violated the Road Traffic Act (refluoring to take a drinking level) (hereinafter “C”) was demanded to comply with a drinking test by inserting it into a drinking measuring instrument four times from around 23:54 on September 28, 2018 to September 29, 2018, by inserting a 112 report that “C has been seated in the driver’s seat of the parked C E-cub vehicle.” The Defendant was in compliance with the drinking test by inserting it into a drinking measuring instrument for four times from around 23:54 on September 29, 2018 to around 0:09 on September 29, 2018.

Nevertheless, the defendant did not comply with the alcohol alcohol measurement by police officers.

2. The Defendant violated the Road Traffic Act (unlicensed Driving) driving a vehicle C in the section of approximately approximately 100 meters from the “G cafeteria” parking lot located in the Nam-gu, Ulsan-gu, Ulsan-gu, to the B apartment parking lot without a vehicle driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, report on the state of drinking drivers, the ledger of driver's license, report on the occurrence of cases, and application of Acts and subordinate statutes concerning drinking control and photographing;

1. Relevant legal provisions concerning facts constituting a crime and the denial of the choice of alcohol, measurement or refusal of punishment: Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the point of driving without obtaining a license for driving without obtaining a sentence of imprisonment: Articles 152 subparagraph 1 and 43 of the Road Traffic Act, the choice of imprisonment

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of adding the maximum term of two crimes prescribed for a violation of the Road Traffic Act with heavier punishment to the punishment);

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The offense of violation of the Road Traffic Act (driving) for the reason of sentencing under Article 62-2 of the Criminal Act is more than the offense of probation and lecture attendance order.