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A defendant shall be punished by imprisonment for one year.
Reasons
Punishment of the crime
1. On February 12:10 on February 25, 2018, the Defendant driving a freight vehicle B 2.5 tons, without obtaining a driver’s license, at a section of about 10km for the front day of the village hall located in the front side of the Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Hong-gun, Seoul, to the front day of the village hall located in the Gannam budget-gun.
2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated the math truck, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).
3. On February 12:50 on February 25, 2018, the Defendant was driven under the influence of alcohol by the Defendant, such as drinking alcohol to the Defendant, smelling at the D Public Security Center located in Chungcheongnam-gun, Chungcheongnam-gun, and demanding to present his/her license for a case with a shocking another person’s office wall, while driving the said drinking vehicle under the influence of alcohol by the Defendant, such as drinking alcohol to the Defendant and sprinking on the face of the police box belonging to the budget police station.
Even though there are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting the whole breath of a drinking measuring instrument over about 35 minutes, it did not comply with a police officer's request for the measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police with regard to F;
1. A traffic accident report;
1. Detailed statement reports, investigation reports, investigation reports on the situation of the driver who is placed in the main place, and investigation reports;
1. On-site photographs;
1. Application of Acts and subordinate statutes to the motor vehicle driver's license ledger, vehicle inquiry, and mandatory insurance inquiries;
1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the same Act concerning facts constituting an offense, Article 46 (2) 2 of the Guarantee of Automobile Compensation Act, the main sentence of Article 8 (2) of the Guarantee of Automobile Compensation Act, Article 148-2 (1) 2 of the Road Traffic Act and Article 44 (2) of the same Act (cases of refusing to measure drinking);
1. The crimes of Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes are crimes of violating the Road Traffic Act (unlicensed Driving) as stated in the judgment.