A defendant shall be punished by imprisonment for six months.

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment for eight months or two years of suspended execution in the Daegu District Court on June 2, 2016 for a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Death or Injury) and is still under suspended execution, which became final and conclusive on June 10, 2016.

[Criminal facts]

1. On October 27, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), the Defendant was driving the said vehicle under the influence of alcohol, such as a drunk distance in front of the four-distance from the Daegu East-gu, Daegu-gu, Daegu-gu, 507, under the influence of alcohol on the road. The Defendant was driving the said vehicle under the influence of alcohol, such as a smelling at the entrance.

If there are reasonable grounds to recognize it, the police station E District of the Daegu Dong-gu Police Station located in Daegu Dong-gu, Daegu, requested for alcohol measurement to be conducted four times on the same day from G G belonging to the F of the above police station on the same day, 05:47 around the same day, 06:02 around the same day, 06:15 on the same day, and 06:33 on the same day, but did not comply with such request without justifiable grounds.

2. On October 27, 2016, the Defendant violated the Road Traffic Act (unlicensed Driving) driving a motor vehicle without obtaining a driver’s license, driving the said motor vehicle with approximately 800 meters section from the roads front of the mutual influence of the trade name in the new-dong-dong, Daegu-gu, Daegu to the roads front of the dong-gu, Daegu-ro 507, Dong-gu, Daegu-gu, without obtaining a driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. A report on internal investigation (as to refusal to measure drinking);

1. The driver's license ledger;

1. Application of field photographs, rejection of measurement, and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (a point of refusing to drive without a license) 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. The defendant's reasons for sentencing under Articles 53 and 55 (1) 3 of the Criminal Act are the same type of crime.