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

Punishment of the crime

1. On December 27, 2016, the Defendant was under the influence of alcohol by the police officer F belonging to the police station of the river department among the water sources dispatched after receiving a report of drinking, while driving a motor vehicle on the D cafeteria in front of the D cafeteria located in the Suwon-gu Suwon-si, Suwon-si, Suwon-si, the Defendant was driving the motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant and raising a red light on the face, etc.

Since there are reasonable grounds to determine a person, a police officer was requested to comply with a drinking test by inserting approximately 30 minutes in a drinking measuring instrument, but he/she did not comply with a police officer's request for a drinking test without justifiable grounds.

2. On December 27, 2016, the Defendant: (a) driven the said vehicle without obtaining a driver’s license in a section of about 3 km from the Supporting Dom parking lot located in the Suwon-gu, Suwon-si, Suwon-si, to around 02:25 on the same day; (b) around 3 km from the Dom parking lot located in the same city/Sim-gu, Suwon-si to the front road of the D cafeteria located in the same city/Gu.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness G;

1. Statement of the circumstances of the driver at the main place, and the field photo of the case;

1. The driver's license ledger (A);

1. Application of Acts and subordinate statutes to CDs (registered vehicle booms images and suspect vehicle booms images);

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (1) (a) of the Road Traffic Act concerning facts constituting an offense, and the choice of imprisonment, respectively; Article 152 subparagraph 1, Article 43 (a) of the Road Traffic Act (a non-licensed driving) and Article 152 of the Road Traffic 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. Determination as to the defendant and his/her defense counsel's assertion under Articles 53 and 55 (1) 3 of the Criminal Act for mitigation of small amount

1. The defendant alleged that he/she had an acting driver drive a vehicle on his/her behalf, and after having arrived at his/her destination, he/she only drives a vehicle at the steering place, without driving the vehicle.

2. The offense of refusing to comply with the measurement of drinking under subparagraph 2 of Article 148-2 of the Road Traffic Act is under the influence of alcohol;

reasonable e.g., designation.