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A defendant shall be punished by imprisonment for not less than one year and six months.
Reasons
Punishment of the crime
[criminal power] On March 2, 2017, the Defendant was issued a summary order of KRW 2 million with a fine of KRW 1 million for a violation of the Road Traffic Act in the Jeonju District Court’s regular branch court’s support on March 2, 2017, and a summary order of KRW 4 million with the same crime in the same court on June 13, 2019.
【Criminal Facts】
1. Around 04:46 September 15, 2019, the Defendant was driving a F-wing truck without obtaining a driver’s license from the front line of the trade name, “C” located in Chang-gun, Jeollabuk-do, Jeollabuk-do, to the front line of the road located in D, to approximately 900 meters from the front line of the road.
2. Violation of the Road Traffic Act (refluence of the noise measurement) brought about an accident in which the Defendant, as stated in Paragraph 1, drives a F-wing and 1 ton truck, driving a F-wing and flowed a two-lane road in front of the E-lane D located in the middle of the public playground located in the same Eup/Myeon of the same Eup/Myeon, at the intersection of the direction of the E-lane in front, from the boundary of the public playground located in the middle of the same Eup/Myeon of Jeollabuk-do, while driving a breg with the ground, while driving the breg and resulting in an accident where the concession sign installed in the traffic island of the central
The Defendant received the above report of the occurrence of the accident, and there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as that the Defendant’s face was red, inaccurate, and smelled in the entrance, etc. from H, who was dispatched to the scene, and the Defendant was in the influence of alcohol, and was demanded to comply with the alcohol test by inserting approximately three minutes in total from around 06:50 to around 07:11 on the same day.
Nevertheless, the Defendant failed to comply with a police officer’s request for a drinking test without justifiable grounds on the ground that the Defendant did not put a drunk into a drinking measuring instrument, put a weak part of the respiratory part of the drinking measuring instrument into the respiratory part of the drinking measuring instrument, or failed to interfere with a police officer’s request for a drinking test without justifiable
Accordingly, the defendant's prohibition of drinking.