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

Punishment of the crime

【Criminal Records of Crimes】 On February 4, 2016, the Defendant was sentenced to ten months of imprisonment for a violation of the Road Traffic Act in the Southern Branch of the Gwangju District Court for the crime of violation of the Road Traffic Act, and the judgment was finalized on April 29, 2016.

[Criminal Facts]

1. On December 10, 2015, the Defendant, in violation of the Road Traffic Act (unlicensed Driving) driven a 3 km-off vehicle without a driver’s license, from around 12:50 on December 10, 2015 to at least 12 km-off vehicle at the entrance of the village in the same Gun, Hansan-do.

2. On December 10, 2015, the Defendant: (a) driven a motor vehicle, etc. under the influence of alcohol, such as a distance from 02:30 to 02:50, while driving the motor vehicle, etc. under the influence of alcohol, at a police box within the south of the Southern Navy, located in the Yellow west of the Southern Navy; and (b) when making a horse from a slope E belonging to the branch of the D police box at the south of the South Coast Guard, the Defendant driven the motor vehicle under the influence of alcohol.

Even though there are reasonable grounds to determine the number of persons, the police officer did not comply with the measurement without justifiable grounds despite the request for the measurement of drinking on three occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Inspection refusal to measure drinking, photograph, inquiry into the ledger of a license, and the ledger of driver's licenses;

1. Previous convictions in judgment: Investigation report (suspect's drinking, driving without a license, confirmation of the final date of judgment), criminal experience, and replys to inquiries, such as criminal records (A).

1. Relevant Article 152 subparagraph 1 of the Road Traffic Act, Article 152 of the Road Traffic Act (unlicensed driving point), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The defendant with reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act can have the record of being punished for the same kind of crime, and the period of suspended execution due to the same kind of crime.