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

Punishment of the crime

[criminal history] On November 18, 2016, the Defendant was sentenced to six months of imprisonment for a crime of violating road traffic law (unlicensed driving) at the Goyang Branch of the Jung-gu District Court on March 18, 2016, and completed the execution of the sentence at the Jung-gu prison on May 20, 2017.

[Criminal facts]

1. On March 12, 2018, the Defendant: (a) driven a motor vehicle with three km section from the roads near the southwest-do in the Dong-do to the roads in the center of Jeju Island 276 at the center of Jeju-si, while drinking alcohol, around March 23:45, 2018; (b) the Defendant driven a motor vehicle with three km section from the southwest-do in the direction of Jeju-do.

The Defendant driven the said vehicle under the influence of alcohol by receiving a stop signal from E from a policeman belonging to the Jeju Police Station D of the Jeju Police Station, which is under the influence of alcohol, while driving the vehicle, and the Defendant snicking alcohol, etc.

On March 13, 2018, from around 00:12 to around 00:29 on March 13, 2018, a police officer was required to respond to the measurement of drinking by inserting the measuring instrument for drinking at a total of four times from around the same day.

Nevertheless, the defendant refused this and did not comply with a police officer's request for measurement of drinking without any justifiable reason.

2. The Defendant violated the Road Traffic Act (non-licensed driving) driven a vehicle at C low-speed without a driver’s license at the same time and at the same place as stated in paragraph 1.

Summary of Evidence

1. Statement by the defendant in court;

1. Data concerning reports on detection of drivers of drinking alcohol, the ledger of usage of measuring instruments for drinking alcohol, and photographs of refusing to measure alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, (A), results of the search of prisoners, report on investigation (a), repeated crimes, and report on the same kind of power judgment, etc.);

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 drive without a license) concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. The aggravated Criminal Act for concurrent crimes.