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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 a period of two years from the date this judgment becomes final and conclusive.
Reasons
Criminal facts
1. On January 29, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driven a DK7 car in the section of about 1km from the road near the ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri
2. On January 29, 2018, the Defendant was driving a motor vehicle under the influence of alcohol, such as checking that he/she operated a motor vehicle through a CCTV image, at the front parking lot of the 183 LiberaCC, a flue-ro 183, a lue-ri-ri-ri, a lue-ri-ri-ri-ri, a lue-ri-ri-ri-ri-ri-ri-ri, a lue-in,
Even though there are reasonable grounds to designate a person, the police box of the Gyeonggi-do Police Station E Police Station of the Gyeonggi-do Police Station was requested by F to comply with the measurement of drinking for about 20 minutes by inserting it three times from the chief F to the police box belonging to the Gyeonggi-do Police Station, he did not comply with such request without justifiable grounds.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement report on the circumstances of the driver who is to take the driving, report the situation of the driver who is to take the driving, report the results of crackdown on the driving of drinking, register of driver's licenses, inquiry into the vehicle register and mandatory insurance;
1. Application of statutes on site photographs;
1. Relevant Article 152 Subparag. 1, Article 43 (Unlicensed Driving) of the Road Traffic Act, Article 148-2 Subparag. 2, and Article 44(2) of the Road Traffic Act concerning the facts constituting an offense, and the choice of imprisonment with prison labor;
1. former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the said Act (within the scope of the term of punishment plus the long-term punishment for each crime);
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 suspended execution;
1. Circumstances favorable to the defendant for sentencing under Article 62-2 of the Criminal Act and Article 59(1) of the Act on the Observation, etc. of Protection, etc. of Social Service Order are as follows:
The defendant is deeply divided into and reflected in the crime of this case.
The instant crime did not cause any personal and material damage.
The vehicle operated by the defendant was disposed of.