A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Punishment of the crime

On June 13, 2001, the Defendant issued on June 13, 2001 a summary order of KRW 700,000,000 by the Cheongju District Court due to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving), a fine of KRW 700,000 as a same crime in the same court on December 12, 2008, a fine of KRW 5 million as a crime of violation of the Road Traffic Act (driving) in the same court on January 28, 2009, and a fine of KRW 5 million in the same court on May 1, 201, respectively.

Criminal facts

On September 21, 2019, at around 00:15, the Defendant was required to comply with a drinking test by inserting four minutes from September 21, 2019 to around 00:40 on September 21, 2019, while under the influence of alcohol, such as drinking alcohol, drinking alcohol, and reding, from the Cheongju Police Station C District Zone B located in Cheongju-gu and the Gyeongju D located in the said C District, the Defendant was required to comply with the drinking test by inserting four minutes into a drinking measuring instrument for about four minutes from September 20, 2019.

Nevertheless, the Defendant refused to comply with a police officer’s request for alcohol testing by means of not inserting the whole breath in a drinking measuring instrument, without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

【Criminal Power】 On December 12, 2008, the Defendant was sentenced to a summary order of KRW 700,000 to a fine of KRW 700,000 due to a violation of the Road Traffic Act (driving) at the Cheongju District Court on January 28, 2009, a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) at the same court on January 28, 2009, and a fine of KRW 7 million on May 1, 2012 at the same court on May 1, 2012, and is currently pending trial at the Cheongju District Court on October 18, 2019.

【Criminal Facts】 The Defendant is a person who is engaged in the operation of a G-to-purd vehicle.

On October 23, 2019, the Defendant sought from the Cheongju around 04:40.