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. Around 05:30 on January 17, 2018, the Defendant was driving a CMFW car without obtaining a driver’s license from the roads where it is difficult to identify the third week suit located in the Southern-gu Incheon Metropolitan City, Incheon, without obtaining a driver’s license from the roads where it is impossible to identify the third week suit.

2. On January 17, 2018, the Defendant: (a) driven a motor vehicle under the influence of alcohol, such as smelling and snicking from a policeman E, belonging to the Incheon Southern Police Station D Zone, on the face, in front of the building above B on January 17, 2018; (b) the Defendant driven a motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 15 minutes into a drinking measuring instrument.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Application of video-related Acts and subordinate statutes not measuring drinking;

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

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. 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. The crime of this case on the grounds of protection and observation and sentencing under Article 62-2 of the Social Service Order Criminal Act is a case where the defendant drives a vehicle without a driver’s license without complying with a police officer’s request for measurement of drinking without any justifiable reason, and the nature of the crime is not easy. The defendant received a fine of KRW 4 million from the Seoul Western District Court on September 19, 2017 as a crime of violating the Road Traffic Act (drinking driving) at the Seoul Western District Court on September 19, 2017, and has a record of criminal punishment twice due to drinking driving, and the driving of drinking is not easy.