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

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On January 1, 2016, the Defendant, without a driver’s license, driven a 10km B gap truck at the front of an elementary school, from the Doll Island in the front of the Jeju Jeju Island in Kimpo-si, Kimpo-si, Gopo-si, Gopo-si, Gopo-si, Gopo-si, Kimpo-si.

2. On January 1, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), driving a motor vehicle while under the influence of alcohol, such as a serious smelling on the front side of an elementary school, putting the motor vehicle on the front side of the two lanes at Kimpo-si, Kimpo-si on January 1, 2016.

Even though there are reasonable grounds to determine a person, the police officer of the Kimpo Police Station requested to comply with the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument three times between the 30 minutes, he/she did not comply with the request without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving without a license, report on the situation of a driver driving without a license, register on the use of a drinking measuring instrument, and register of driver's licenses;

1. Application of the photographic Acts and subordinate statutes;

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), subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act (a point of refusing to drive without a license), the selection of a fine for a 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. Article 53 and Article 55 (1) 3 of the Criminal Act for Reduction of Quantity (see, e.g., Supreme Court Decision 53 and Article 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 2009Da14

1. Article 62 (1) of the Criminal Act (the same shall apply to the grounds for mitigation of the amount of punishment);

1. The community service order under Article 62-2 of the Criminal Act;