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. The Defendant was driving a motor vehicle under the influence of alcohol without obtaining a driver’s license for the violation of the Road Traffic Act, and the violation of the Road Traffic Act (unlicensed driving), and the Defendant was driving a motor vehicle under the influence of alcohol by driving the motor vehicle at the two-lane of the 367-lane 1, Seo-gu, Incheon, Seo-gu, Seo-gu, Incheon, on July 12, 2015, on the 3-lane 1, while driving a motor vehicle under the influence of alcohol, such as drinking, smelling, and sprinking on the face of the motor vehicle.

Since there are reasonable grounds to suspect, it was demanded to respond to the drinking test by inserting about 50 minutes, such as the police officer belonging to the D police station of the Seodaemun-gu Police Station upon receipt of a report, by inserting approximately 07:45 , 07:15 , 08:26 , 08:37 , etc.

Nevertheless, the defendant continued to avoid this, and failed to comply with the police officer's request for a drinking test without any justifiable reason.

2. The Defendant in violation of the Guarantee of Automobile Damage Compensation Act was a person who owns a C-A-A-I-Wed vehicle, and did not purchase mandatory insurance.

On July 12, 2015, around 07:45, the Defendant driven the said car on the road near the 1st 367 new road in Seo-gu Incheon, Seo-gu, Incheon, and operated the car on the road that was not covered by mandatory insurance.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Registers of driving and use by the owner, registers of driver's licenses, and inquiries into mandatory insurance (27 pages of investigation records);

1. Application of field photographs, rejection of measurement, and Acts and subordinate statutes;

1. Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the occupation of a non-licensed driver), Article 46 (2) 2, the main sentence of Article 8 of the Guarantee of Automobile Compensation for Damages, and the selection of imprisonment for each crime;

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. Article 53 and Article 55(1)3 of the Criminal Act for mitigation of amount (Juvenile Protection Orders issued due to a crime related to driving)