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

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.

Punishment of the crime

1. On July 16, 2015, the Defendant violated the Road Traffic Act (unlicensed driving) and driven a car without obtaining a driver’s license on July 16, 2015. Around 05:00, the Defendant was driving a car with a volume of about 50 meters C at a road near a daily waste reclamation site located at the cruise of the city.

2. On July 16, 2015, the Defendant, in violation of the Road Traffic Act (refluence of alcohol measurement), was under the influence of drinking C while driving a motor vehicle while driving the motor vehicle with drinking alcohol on the roads near the daily waste reclamation site located in the cruise of the net city at around 05:00.

Accordingly, the police officer E belonging to the W police station of the 112 Report, who was sent to the police station, was driven under the influence of alcohol, such as smelling the Defendant.

have reasonable grounds to determine that there is a reasonable

In order to make a measurement of drinking alcohol, the defendant's voluntary accompanying method was required to respond to the measurement of drinking alcohol by inserting the defendant into a drinking measuring instrument over 30 minutes at that place.

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

Summary of Evidence

1. Statement by the defendant in court;

1. On-site evidence photographs;

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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act requires eight previous convictions related to driving without a license for drinking alcohol for the reason of sentencing (Provided, That all of the previous convictions are subject to a fine), the accused is against himself, and the driving distance is short, and the punishment is determined as ordered by taking into account the various circumstances that meet the sentencing conditions.