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

Punishment of the crime

[criminal history] The Defendant was sentenced to six months of imprisonment and two years of suspended execution due to a violation of road traffic law in the resident support of the Daegu District Court on April 18, 2017, and the judgment was finalized on April 26, 2017, and is currently under suspended execution.

[Criminal facts]

1. On June 4, 2017, the Defendant violated the Road Traffic Act (unlicensed driving) driving a C-wing truck without obtaining a driver’s license from the influent land of around 3 km to the road near the bus stops located in 2 km. The Defendant driven a C-wing truck without obtaining a driver’s license from the influent land of around 14:45 on June 14, 2017.

2. Violation of the Road Traffic Act (Refusal of measurement of drinking), while the defendant drives a wing and cargo vehicle C while drinking alcohol on the road near the bus stops located in 2 grown-gun, the defendant was under the influence of alcohol, such as drinking alcohol, smelling, face, and snow shocking with the defendant from the slope E belonging to the D police box while driving the motor vehicle at the location of the bus stops located in 2 grix.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking in a manner that puts the breag into a drinking measuring instrument over about 30 minutes.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. E statements;

1. Each investigation report (Nos. 4, 5, and 9 in the list of evidence);

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (No. 16 No. 5 of the evidence list);

1. Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act (the rejection of drinking alcohol measurement, the selection of imprisonment), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (the unauthorized driving, the selection of imprisonment) concerning facts constituting an offense;

1. The aggravated Criminal Act for concurrent crimes.