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

Punishment of the crime

1. Violation of the Road Traffic Act (Refusal of measurement) provides that the Defendant has a reasonable ground to recognize that the Defendant driven a motor vehicle while under the influence of alcohol, such as the details of 112 declaration from around 20:01 on December 18, 201 to around 20:17 of the same day on the C District located in Ulsan-gu, Ulsan-gu, and the details of 112 declaration to the Defendant that “A vehicle was under the influence of alcohol”, the results of a reduction of drinking alcohol, the driving of a walking snow, a non-driving horse on walking, and a red blood color, etc., that the Defendant was under the influence of alcohol, and that the Defendant was requested to comply with a drinking measurement by inserting a drinking measuring instrument four times from D, while refusing to comply with the demand for a drinking alcohol measurement by a police officer without justifiable grounds.

2. Around 19:40 on December 18, 2018, the Defendant was driving a vehicle from the front day of “F” in Ulsan-gu, Ulsan-gu, to the front day of “H” located in Ulsan-gu, Ulsan-gu, Seoul-gu, without obtaining a driver’s license, at approximately 100 meters section of “H” and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Registers of driver's licenses;

1. Inquiry into the enemy;

1. Application of statutes on field photographs;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2, 44 (2) (a point of refusing to measure noise), subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act (a point of driving without a license) of the same Act and the choice of imprisonment with prison labor;

1. Aggravation of concurrent crimes as provided for in the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the crimes above two crimes) among concurrent crimes;

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation (hereinafter “the reason for sentencing”) is that the driver’s license was not obtained at all until the date of sentencing.