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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.
Reasons
Punishment of the crime
Around 06:40 on May 29, 2016, the Defendant was demanded to comply with a drinking test by inserting the alcohol measuring instrument for about 20 minutes from the shooting distance of KTT telephone station in the front city in the front city of the front city to C in the front city of the front city of the front city of the front city. Upon receipt of the 112 report, the Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument for about 20 minutes.
Nevertheless, the defendant did not comply with a police officer's request for sobage measurement without justifiable grounds.
around 14:40 on August 30, 2016, the Defendant driven a Dsp motor vehicle at the 10km section of approximately 10km from the Sungcheon-si, Jincheon-si, Sungcheon-si, Sungcheon-si, Sungcheon-si, Sungcheon-si, Seoul, without obtaining a driver’s license.
Summary of Evidence
"2016 Highest 841"
1. Defendant's legal statement;
1. Report on the circumstantial statement of a drinking driver, the appearance, clothes, language, attitudes results, notification of the results of the control of drinking driving, and the ledger of use of a drinking measuring instrument;
1. A report on internal investigation:
1. Related photographs "2016 Highest 1695";
1. Defendant's legal statement;
1. Reporting on detection of suspected victims of violation of the Road Traffic Act;
1. Report on the situation of operation without a license;
1. Application of the statutes on the register of driver's licenses;
1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 53 or 55 (1) 3 of the Criminal Act for discretionary mitigation ( normal consideration in favor of the accused among the reasons for sentencing below);
1. Suspension of execution is repeated reasons for discretionary mitigation under Article 62(1) of the Criminal Act;