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

Punishment of the crime

[Judgment of the court below]

1. On October 5, 2013, the Defendant violated the Road Traffic Act (free license) driving of a car at approximately 1km section from around 00:30,00 to around 3:00,000, without obtaining a driver’s license, to drive a car at DEL line in the direction of about 1km from the front of a restaurant near the Suncheon University at the Ycheon-si to the front road located at the Ycheon-si.

2. On October 5, 2013, the Defendant violated the Road Traffic Act (refluence of measuring a drinking level), while driving a DEL car on the front side of C in a net city B around 00:30 on October 5, 2013, the Defendant was required to comply with a drinking test by inserting the drinking measuring instrument into a drinking measuring instrument for about 30 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking and smelling red on the face and driving a motor vehicle from a slope Faccom affiliated with the net police station Epis, and driving a motor vehicle under the influence of alcohol.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

【2014 Highest 262】 Violation of the Road Traffic Act (Driving without a license) and the Road Traffic Act (Driving without a license) on March 13, 2008, the Defendant was sentenced to the suspension of the execution of six months in the Daejeon District Court for the crimes of violation of the Road Traffic Act (driving without a license). On July 30, 2012, the Defendant was sentenced to the summary order of KRW 5 million for the same crimes, etc.

On December 30, 2013, the Defendant, without obtaining a driver’s license around 22:20 on December 30, 2013, driven a car from around 6 km of approximately 0.179 meters from the front of the National Bank in the Yecheon-si to the front road of the same Silcheon-dong 21-dong.

Summary of Evidence

In the second trial records, the statement of the accused, the police interrogation protocol of the accused, the driver's license ledger of the car, photographs not complying with the drinking measurement, the report on detection of the drinking driver, the inquiry report, and the copy of each decision shall be applied.