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

Criminal facts

On February 4, 2016, the Defendant was sentenced to 10 months of imprisonment due to a violation of road traffic law by the Ulsan District Court on February 4, 2016, and was released on October 28, 2016 during the execution of the sentence, and the parole period passed on December 4, 2016.

1. On July 15, 2017, the Defendant violated the Road Traffic Act (Non-licenseless Driving) from the front of the “On Board” road located in Ulsan-gun, Ulsan-si, Ulsan-si, Ulsan-si, with the same side “On Board” (hereinafter “On Board”), the Defendant driven a CMW 520d car without obtaining a driver’s license from a section of approximately 500 meters up to the front road.

2. On July 15, 2017, the Defendant driven a vehicle under the influence of alcohol, such as drinking, smelling, snicking, sniffing, sniffing, on the front of D, Ulsan-gun, Ulsan-gun, while driving the vehicle under the influence of alcohol on the front of D on the road in Ulsan-do, Ulsan-gun, U.S., the Defendant driven the vehicle under the influence of alcohol by the Defendant, such as sniffing, smelling, sniffing the Defendant

For about 20 minutes, there was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the whole in four times in a drinking measuring instrument.

피고인은 1, 2회에는 음주 측정기에 입김을 불어넣는 것을 거부하고, 3, 4회에는 입김을 불어 넣는 시늉만 하는 방법으로 음주 측정을 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement of a driver who takes the driving of alcohol, a photograph of refusal at the time of measurement of alcohol, a ledger using measuring instruments for drinking alcohol, a ledger of driver's licenses for motor vehicles, and a detailed inquiry;

1. Each report on investigation;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant Article of the Act and Articles 148-2 (1) 2, 44 (2), subparagraph 1 and 43 of Article 152 of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment with prison labor;

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

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. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for mitigation of small amount.