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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On April 12, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a cub motor vehicle in D without obtaining a driver’s license from around 30 meters to around the road front of the parking lot at the Seo-gu Incheon Seo-gu, Seo-gu, Incheon, to 185 LG service electronic vehicle in the Seo-gu, Seo-gu, Incheon.
2. On April 12, 2017, the Defendant driven the said vehicle under the influence of alcohol by driving the vehicle while drinking the vehicle on the front of the parking lot as set forth in the foregoing paragraph 1 at around 23:55, while driving the vehicle on the front of the parking lot as set forth in the foregoing paragraph 1.
On April 13, 2017, when there are reasonable grounds to determine a person, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument on April 13, 2017.
Nevertheless, the Defendant refused to put the breath of a drinking measuring instrument into the breath, and refused to comply with a police officer’s request for a drinking test without justifiable grounds, by avoiding it by pushing the F’s hand with which the breath of the said breath of the said
Summary of Evidence
1. Statement by the defendant in court;
1. Report on the circumstances of driving under the liquor:
1. Application of Acts and subordinate statutes to the ledger of driver's licenses;
1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;
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. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):
1. Based on the reasons for sentencing under Article 62-2 of the Criminal Act, the sentencing conditions shown in the trial process of this case, including the Defendant’s age, sex, family relation, family environment, motive and means of crime, and circumstances after the crime, the sentence as ordered shall be determined.
. the favorable circumstances;