A defendant shall be punished by imprisonment for seven months.

Punishment of the crime

[Criminal Power] The Defendant was sentenced to imprisonment with prison labor for ten months for violating the Act on Special Cases Concerning the Settlement of Traffic Accidents at the Port Support of the Daegu District Court on September 19, 2018, and the probation period is currently under suspension of execution, which became final and conclusive on September 28, 2018.

【Criminal Facts】

1. On October 23, 2018, the Defendant violated the Road Traffic Act (refluence of the noise measurement) and was required to comply with the drinking test by inserting the drinking distance between around 16:30 minutes and about 16 minutes from around 16:4 to around 17:04 of the same day, while driving Dworka car from C in front of the north-west at the port of north-west at the port of north-west, and there is considerable reason to recognize that the Defendant was under the influence of alcohol, such as drinking, smelling, snicking on the face of the police box affiliated with F, while driving Dworka car from around 16:30 to around 16:04.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without any justifiable reason.

2. On October 23, 2018, the Defendant violated the Road Traffic Act (unlicensed driving) without obtaining a driver’s license at around 16:30 on October 23, 2018, and driving a rocketing car at the section of approximately 200 meters from the Gwest-gu in North-gu, North-gu, North-gu, North-gu, North-do, North-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), ledger using a drinking-free measuring instrument, and investigation report on refusal to measure drinking;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (verification of period of suspension of execution of sentence, etc.);

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure the noise level), subparagraphs 1 and 43 of Article 152 of the Road Traffic Act, and selection of imprisonment with prison labor, respectively;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55(1) of the Criminal Act for discretionary mitigation;