A defendant shall be punished by imprisonment for not less than eight months.

Punishment of the crime

1. On December 14, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving the Ck5 car without obtaining a driver’s license from the front of the restaurant at the Dong-ri 242-8 Incheon Metropolitan City, Do-dong, Young-ri, Do-dong, Young-ri, Seoul, to the roads of approximately 3km 200-2.79 national highways of the same military, the Defendant operated the Ck5 car without obtaining a driver’s license.

2. The Defendant violated the Road Traffic Act (refluence of alcohol measurement) stops on the two-lanes of two-lanes between the two-lanes while driving the said vehicle at the time and place set forth in the above paragraph 1, and became diving from the driver’s seat.

After that, the Defendant voluntarily accompanied the police box with the police officer of the police station D police station, who was reported that the vehicle was stopped on the road, and was dispatched to the police station: (a) from 06:40 on the same day to 07:06 on the same day, the Defendant driven the vehicle by drinking, since the Defendant snicked a large face of smelling in the Defendant’s entrance, and had a red and unfolded view; (b) thus, the Defendant was driving the vehicle.

If there is a reasonable reason to recognize the foregoing police box, it was requested by the police officer to respond to the breath measurement by the breath measuring instrument three times the same day, but the police officer refused the measurement without any justifiable reason.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Control photographs;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

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. It is inevitable to sentence a sentence, in consideration of the fact that the crime is a crime during the period of suspended execution concerning the same kind of crime for sentencing (as to a crime of violating traffic laws (as to a crime of refusing to take alcohol), and that there is a record of punishment several times for the same crime, etc., under Articles 53 and 55 (1) 3 of the Criminal Act for the mitigated amount of punishment;

In addition, the defendant's age, environment, and crime.