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

Punishment of the crime

[criminal power] On April 7, 2013, at the Hongsung Branch of the Daejeon District Court, Gohap sentenced one year and two months to imprisonment for a violation of the Act on the Control of Narcotics, Etc. (mariju) and completed the execution of the sentence in the Port Correctional Institution on May 20, 2014. On March 14, 2013, Gohap was sentenced to a fine of 3.5 million won for a violation of the Road Traffic Act (e.g., for a violation of the Act on the Control of Narcotics, etc.) and a violation of the Road Traffic Act (a person without a license) in the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

1. Around 03:49 on August 1, 2015, the Defendant was driving a DG-based car without a car driver’s license within a section of approximately 800 meters from the front day of Sejong-si to the front day of the CG-gu Si New Heung-ri 269.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking level) was requested by the Defendant to respond to a measurement of drinking level by inserting approximately 30 minutes in a breathm between the Defendant and the Defendant, on the same day, in the F District District of the Sejong Police Station located in Sejong-si, E at around 04:55, on the grounds that there are reasonable grounds to recognize that the Defendant was driving while under the influence of alcohol, such as smelling in the Defendant’s entrance from the circumstances belonging to the above police station, taking the breath on the face, etc., but did not comply

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement made to H and I;

1. Report on the actual state of the driver;

1. On-site and photographic request for measurement;

1. The driver's license ledger;

1. Previous records: Application of criminal records and investigation reports (the confirmation date of the date of release, previous records and attachment of judgment) and statutes;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning criminal facts, and choice of imprisonment with prison labor;

1. Article 35 of the Criminal Act among repeated crimes;

1. From among concurrent offenders, there are extenuating circumstances that led to the serious reflection of the reasons for sentencing under the former part of Article 37 and Article 38(1)2 of the Criminal Act, some motive for the crime, and the period of a repeated crime of this type.