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

Punishment of the crime

【Criminal Power】 On March 23, 2012, the Defendant was sentenced by the Seoul Northern District Court to imprisonment for a violation of the Road Traffic Act and a violation of the Road Traffic Act in August, 2012, and the judgment becomes final and conclusive on the 31th of the same month, and is still under the suspension of execution.

【Criminal Facts】

1. Around 21:00 on April 25, 2012, the Defendant, without a vehicle driver’s license, driven a CYFIS car from the front of the public parking lot located in the Dongducheon-si dong-si, to the front day of the 380 class 1km road.

2. On April 25, 2012, the Defendant violated the Road Traffic Act (refluoring to take a drunk measurement) on the ground that there are reasonable grounds to recognize that he/she driven under the influence of alcohol on the roads of 380 Dobcheon-si, the face of the front of 380 Dobcheon-si is red, inaccurate, and smelled in the entrance, and there is a considerable reason to believe that he/she was driven under the influence of alcohol on the roads of 380 Dobcheon-si, the Defendant did not comply with the alcohol measurement three times from the slope E belonging to the Dongban Police Station for the same day from 21:34 to

Summary of Evidence

1. Defendant's legal statement;

1. F’s statement of statement;

1. Investigation report on the actual condition of traffic accidents, report on the actual status of drivers, report on the actual status of drivers, report on actions by drivers, and register of driver's licenses;

1. Photographss and photographs of roads, vehicles, and situation photographs;

1. Previous records: Criminal records, etc. inquiry reports and the application of Acts and subordinate statutes to investigation reports (verification during the suspension of execution of sentence);

1. Relevant legal provisions concerning facts constituting an offense, and subparagraph 1 of Article 152, Article 43, and Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the occupation of refusing to measure such facts, the choice of imprisonment) of the choice of punishment;

1. From among concurrent crimes, the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (within the scope of the sum of the long-term punishments of the above two crimes)

1. Discretionary mitigation Criminal Act;