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A defendant shall be punished by imprisonment for not less than eight months.
Reasons
Punishment of the crime
1. On September 27, 2017, the Defendant was under the influence of alcohol, such as drinking alcohol, red-lighting on the face, and dividing the horses into the face of the police station in Daegu-dong Police Station F District, where he was under the influence of alcohol, when he was under the influence of alcohol, and was under the influence of alcohol, on the part of the “Del” in Daegu-gu, Daegu-gu, the Defendant was under the influence of alcohol, such as: (a) under the influence of alcohol, from G on the 112 report that “the driving of alcohol is doubtful; and (b) the Defendant was under the influence of alcohol.”
A total of 3 times was required to comply with the measurement of drinking by inserting approximately 20 minutes in a drinking measuring instrument, due to reasonable grounds to determine a person.
Nevertheless, the Defendant refused to comply with a police officer’s request for measurement of drinking without justifiable grounds by resisting that “the Defendant did not drive any motor vehicle in Korea.”
2. On September 27, 2017, the Defendant, at around 22:45, driven a e-car without obtaining a driver’s license from the front day of the “J restaurant” in the seat of the I Hospital located in H of Daegu-gu, Daegu-gu, to the front day of the “Del” in the same Gu C, without obtaining a driver’s license.
Summary of Evidence
1. Statement by the defendant in court;
1. Domestic investigation reports, investigation reports (report on the situation of the driver in charge), and application of Acts and subordinate statutes to the license ledger;
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. Aggravation of concurrent crimes resulting from the crimes prescribed in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (to the extent that the punishment is aggregated with the long-term punishment of the above two crimes) of the same Act;
1. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act (the following favorable circumstances among the reasons for sentencing) and the following circumstances, and the defendant's age, sex, family relation, family environment, family environment, and crime.