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 October 22, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving on the road without obtaining a driver’s license around 05:00, the Defendant driven a C cargo vehicle owned by the Defendant, approximately two kilometers from the day before the public singinging on the Daejeon Seo-gu New Vibration-gu, Daejeon Pungdong-gu, i.e., Daejeon Pung-gu, to the four-way road.

2. On October 22, 2015, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) at the Daejeon Pream Station D police station located in Daejeon Pungdong-gu, Daejeon on October 22, 2015, the Defendant was driving at the driver’s seat, i.e., the above gold-gu, namely, the above 142-lane, left the above cargo vehicle on a two-lane road near the 4-lane, and was locked at the driver’s seat. In addition, the Defendant was driving in the state of drinking, such as smelling at the entrance.

There are reasonable grounds to see that the police officer E, who is a police officer belonging to the above D police box, demanded a measurement of drinking over three times between about 20 minutes, but did not comply with it.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement under the circumstances of the main officer;

1. Photographs;

1. Application of a copy of Acts and subordinate statutes;

1. Article 152 subparagraph 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking, the selection of imprisonment, etc.) concerning the crime;

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 38 (2), and 50 of the said Act [Provided, That the lower limit shall apply to the punishment that is prescribed for the crimes of violating the Road Traffic Act (Refusal of measurement of alcohol), and such punishment];

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 suspension of execution;

1. Article 62-2 of the Criminal Act on the observation of protection;