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

Punishment of the crime

1. On March 8, 2018, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a GLK 220 bents car without obtaining a driver’s license from around 400 meters from the front of D real estate in Jin-si, Jin-si, Seoul to the front of F cafeteria in E around 15:40 on the same day.

2. On March 8, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) caused an accident involving the landscaping, etc. in front of a F cafeteria in front of the F cafeteria located in E, while driving a motor vehicle using the f strings specified in paragraph (1) in front of the F cafeteria located in E on March 16, 2018, and the Defendant was driven under the influence of alcohol by the Defendant, such as the Defendant’s smelling at the time from I on the top of the H Ha Police Station H Ha-gu, who was dispatched after receiving a report of 112.

There is a considerable reason to suspect, and the same day from around 16:30 of the same day to around 16:30 of the same day did not comply with the request for the measurement of drinking alcohol.

Accordingly, the defendant, without any justifiable reason, rejected a police officer's drinking test.

Summary of Evidence

1. Statement by the defendant in court;

1. The ledger of use of drinking meters, the ledger of driver's licenses, and the application of photograph Acts and subordinate statutes;

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Denial of the measurement of drinking alcohol: Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act and the selection of imprisonment;

(b) Unlicensed driving: Subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the same Act, and the selection 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. The reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act include that the defendant repeats a crime related to drinking or non-licenseing, that has been suspended by the same military force, that is, the defendant is currently under the suspension of the execution of a crime for different types of crimes, that has been punished by a fine for refusing to measure drinking during the suspension of the execution of the crime, and that the defendant was punished by a crime of refusing to measure drinking during the suspension of the execution of the punishment, and the conditions for sentencing, such as the defendant's age and sexual behavior, are equally