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

Punishment of the crime

1. On June 23, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) driving a H-low vehicle at the 2km section from June 23, 2018 to the front road of Jin-si Haak-si, Jin-si, Jin-si, Jin-si, without obtaining a driver’s license.

2. 도로 교통법위반( 음주 측정거부) 피고인은 2018. 6. 23. 03:57 경 당 진시 G 앞 도로에서 ‘ 승용 차가 좌회전 차선에 계속 서 있다, 음주 의심이 든다’ 는 내용의 112 신고를 접수 받고 출동한 당 진 경찰서 I 파출소 소속 순경 J으로부터 승용차의 시동을 켠 채 좌회전 차로에 중앙선을 약간 걸친 상태로 운전석에서 잠들어 있었던 피고인에게 술냄새가 심하게 나고 얼굴이 붉었으며 횡설수설하는 등 술에 취한 상태에서 운전하였다고

There are reasonable grounds for recognition, from that time until around 04:09, the police officer failed to comply with a police officer's request for a measurement of drinking without justifiable grounds despite a police officer's demand for a measurement of drinking on three occasions (the first vehicle: 03:57, the second vehicle: 04:04, and the third: 04:09) a total of 12 minutes.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of alcohol, the ledger of measuring instruments using drinking alcohol, the circumstantial statements of the driver of drinking alcohol, enforcement photographs, and the application of statutes to the ledger of driver's licenses;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Denial of the measurement of drinking alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act and the selection of imprisonment;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and the selection of imprisonment.

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. The grounds for sentencing under Articles 53 and 55(1)3 of the Criminal Act include the repetition of crimes related to drinking or non-licenseing, the occurrence of the instant crime during the period of suspended execution with the same force, and other conditions for sentencing, such as the Defendant’s age, sexual conduct, etc.