A defendant shall be punished by imprisonment for six 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. On January 12, 2016, the Defendant violated the Road Traffic Act (unlicensed driving) driving a vehicle without obtaining a driver’s license on around 14:30 on or around January 14, 2016, and driving a vehicle C1 ton in the section of about 1km from the front of Samsung F&C located in the Young-gun, Gyeongsan-gun, Samsung F&C to the front road located in the Huburteg in the Dosan-gun.

2. Defendant 1 driven a motor vehicle under the influence of alcohol on the road, such as where the face of a police officer D belonging to a mountain box of the police station, who was in the process of traffic control at the same time and at the same place as the above paragraph (1) was red and smelled with a large amount of smelling.

There are reasonable grounds to determine a person, who was voluntarily accompanied by a police box of the 14:49 police station on the same day, and received a request for the measurement of drinking for about 30 minutes from the police officer, but did not comply with the measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (as to the conversation between drinking alcohol measurement and video recording);

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

1. Relevant legal provisions and Articles 152 subparag. 1 and 43 of the Road Traffic Act (unlicensed driving points), Articles 148-2 subparag. 2 and 44(1) of the Road Traffic Act concerning facts constituting an offense, the choice of imprisonment, respectively, and the choice 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. 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. Considering the fact that the defendant committed the instant crime even though he/she had a previous conviction in several times, the strict punishment against the defendant is required for the observation of protection and social service order under Article 62-2 of the Criminal Act.

However, the defendant's mistake is divided, the defendant's protection is also observed and community service order is also sentenced together with the suspension of the execution of imprisonment, and the defendant's age, sex and environment, motive, means and result of the crime.