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

Punishment of the crime

On July 23, 2014, the Defendant was sentenced to two years of suspension of execution on July 31, 2014, for the violation of the Road Traffic Act in Daegu District Court and racing support, and the probation period becomes final and conclusive on July 31, 2014.

1. On June 10, 2015, at around 19:49, the Defendant violated the Road Traffic Act (refluence of the measurement of drinking), the Defendant was required to comply with the measurement of drinking alcohol by inserting it into a drinking measuring instrument four-minutes for about 33 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven a fwing truck while driving a fwing truck under the influence of drinking on the front side of the road at around 18:30 on the same day while driving the fwing truck under the influence of drinking on the front of the road at around 19:30 on the same day, the Defendant was in compliance with the alcohol measurement by inserting it into a drinking measuring instrument four-minutes for about 33 minutes.

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

2. Around 18:30 on June 10, 2015, the Defendant: (a) driven the above wing-off truck without obtaining a driver’s license in a section of about 2 meters from the front of the road to the front of the H’s house located adjacent thereto; (b) around 18:30 on June 10, 2015.

Summary of Evidence

1. Defendant's legal statement;

1. Prosecutions and police suspect interrogation records of the accused;

1. A H statement;

1. Investigation report, copy of the ledger of use of a drinking measuring instrument, report on detection of a drinking driver, report on the occurrence of a traffic accident, actual condition survey report, survey report, field photograph, driver's license register, borrowed inquiry, mandatory insurance, investigation report (damage status and attachment to agreements), and written agreement;

1. Previous records: Criminal records and other inquiries, investigation reports (verifications during the period of suspended execution of a suspect), and application of Acts and subordinate statutes to investigation reports (verification of identical records of a suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 of the Road Traffic Act concerning criminal facts and the choice of punishment;