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

Punishment of the crime

1. On October 20, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and operated a Dap Motor Vehicle without obtaining a driver’s license at a section of about 1 km from around 21:0 to about 7 Jeju apartment located in the same dong-si, Ansan-si.

2. 도로교통법위반(음주측정거부) 피고인은 위 일시 경 위 7주공아파트 앞 사거리에서 위와 같이 운전하다가 교통사고를 발생시킨 후, 현장에 출동한 안동경찰서 E지구대 소속 경위 F으로부터 피고인이 술 냄새가 나고 걸음걸이가 많이 비틀거리는 등 술에 취했다고 볼만한 상당한 이유가 있어 같은 날 21:19경부터 21:42경까지 3차례에 걸쳐 음주측정을 요구받았음에도 불구하고, 음주측정기에 입김을 불어넣는 시늉만 하는 방법 등으로 음주측정 요구에 정당한 이유 없이 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of G and H;

1. Traffic accident report, accident report on driving, report on the state of drinking drivers, report on the state of drinking drivers, confirmation of non-compliance with the measurement of drinking, and fact-finding report;

1. Application of Acts and subordinate statutes to each investigation report and accompanying documents;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning the crime;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation was imposed six times (including two times a suspended sentence) due to drinking or non-licensed driving, but the period of the suspended sentence was passed after the expiration of the period of the suspended sentence (this Court Decision 2012Da529), the Defendant was sentenced to the suspended sentence for three years, probation, community service for 200 hours, and compliance driving for one year after drinking or non-licensed driving.