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

Punishment of the crime

1. On August 1, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) driving a DNA XG car without obtaining a driver’s license on August 1, 2015, and proceeded with approximately KRW 200 meters from the roads front of the fluence in the Southern-gu Incheon Metropolitan City Inter-dong-dong, to the roads front of the same Gu E.

2. On August 1, 2015, the Defendant was under the influence of alcohol, such as drinking alcohol, drinking on the face, red-lighting, and drinking alcohol reaction, while driving a motor vehicle in front of the Nam-gu Incheon Metropolitan City E on the front of the road. On August 1, 2015, the Defendant was under the influence of alcohol by a G belonging to the F District Unit of the South East-dong Police Station, which called for an accident involving a motor vehicle parked on the above road and called for an accident involving a motor vehicle parked on the road.

Since there are reasonable grounds to designate a person, the South East East Police Station H voluntarily accompanying the person to the South East Police Station H, and was demanded from the head of the police station H of the South East Police Station I to respond to the measurement of drinking by inserting approximately 30 minutes in the manner of putting the person in a drinking measuring instrument over 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Reporting on the detection of a primary driver;

1. Copy of the driver's license ledger;

1. Application of statutes on field photographs;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (a point of refusing to obtain a license for driving without obtaining a license) concerning the facts constituting an offense (each of the types of imprisonment and imprisonment), which are subject to the option of punishment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (to the extent that the punishment for each of the above crimes is aggregated) is aggravated for concurrent crimes;

1. The Defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of the amount of a small amount, recruited an acting driver.