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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

On September 22, 2016, the Defendant was not in compliance with a drinking test in the manner of inserting it into a drinking measuring instrument three times more than 02:17, 02:27, 02:37 on September 22, 2016, while driving a motor vehicle from the front of the Yongsan-gu, Yongsan-gu, Yongsan-gu without a motor vehicle driver’s license, and there is considerable reason to recognize that the Defendant was driving a motor vehicle under the influence of alcohol, such as smelling by the Defendant, while driving a motor vehicle from the front of the Yongsan-gu, Yongsan-gu without a motor vehicle driver’s license. In addition, the Defendant was required to comply with a drinking test by inserting it into a drinking measuring instrument on three occasions at around the same day.

Therefore, even though the defendant was required to take a drinking test by a police officer due to a considerable reason to recognize that he was driving under the influence of alcohol, he did not comply with it without any justifiable reason, and drive the vehicle without permission on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Inspection results of the crackdown on drinking driving, circumstantial reports on drinking drivers, detailed statements of disposition to suspend driving licenses, and the register of driver's licenses;

1. Application of statutes on site photographs;

1. Relevant provisions of Article 148-2 (1) 2 and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act, and the choice 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) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act was that the Defendant was driving under drinking three times from 2003 to 3rd of the instant crime, and at the same time, he was driving without obtaining a license.

The circumstances after crimes are bad after crimes.

However, there are no criminal records of the same kind that the defendant is against and punished beyond the fine.

In addition, the punishment shall be determined as ordered in consideration of the age, character and conduct, family relationship, etc. of the defendant and all of the sentencing conditions identified in the course of the trial.