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1. The defendant shall be punished by imprisonment for eight months;
2. Provided, That the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive;
3.
Reasons
Punishment of the crime
1. On August 11, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving the Fgalloning Domp-type vehicle without obtaining a driver’s license from the Defendant’s house located in Chuncheon City around 00:10 to the front road of E gas charging stations located in D at the same time.
2. Violation of the Road Traffic Act (Refusal of measurement of drinking), Defendant 2 driven a motor vehicle under the influence of alcohol, such as smelling and smelling on the face of the Defendant from the head of the G District in the Chuncheon Police Station G District, which was dispatched to the site after receiving a traffic accident report at the time of the aforementioned day.
Even though there are reasonable grounds to determine a person who has been requested to respond to the measurement of drinking by inserting four minutes in the form of a drinking measuring instrument for about 30 minutes, he/she did not refuse it and did not comply with a police officer's request for measurement of drinking without justifiable grounds.
Summary of Evidence
1. Statement to the effect that the defendant has driven without obtaining a license as provided in paragraph (1) of the ruling in this Court;
1. Legal statement of a witness I;
1. Reports on the occurrence of a traffic accident;
1. A survey report on actual conditions;
1. A report on investigation;
1. Each photograph;
1. Statement of the circumstances of the driver involved in driving;
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Article 152 subparagraph 1 of the relevant Act and Articles 152 and 43 of the Road Traffic Act (Unlicensed Driving, Selection of Imprisonment), Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act (the rejection of measurement of drinking, the selection of imprisonment, etc.) concerning the crime;
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 (the following favorable circumstances in light of the reasons for sentencing) of the mitigated amount;
1. Article 62(1) of the Criminal Act on the suspended execution (The following favorable circumstances shall be considered in light of the reasons for sentencing);
1. The reason for sentencing of Article 62-2 of the Criminal Act on community service and lecture attendance order is that the defendant caused a traffic accident that causes drinking or non-licensed driving, and thus, the police officer's drinking measurement is required.