The punishment of the accused shall be determined by two years of imprisonment.

However, the execution of the above punishment for three years from the date of the final judgment.

Criminal facts

[criminal power] On September 7, 2007, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Chungcheong District Court of Chungcheongju on September 7, 2007, and on August 31, 2012, the same court received a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On October 14, 2020, at around 13:55, the Defendant, upon receiving a report from the head of the Chungcheongnam-gu Police Station D Zone D, the Defendant, who pursued the subject, was subject to control by E while driving C-2 cargo vehicles on the roads near B, Chungcheongnam-si.

Since there are reasonable grounds to recognize that the defendant was driving under the influence of alcohol, such as red, inaccurate, smelling in the face of the defendant, and smelling in the entrance, the defendant was demanded to comply with the drinking test by inserting the whole breath in the breath of alcohol.

Nevertheless, the Defendant explicitly expressed his intention of refusal to take a drinking test, such as “Admonish,” which means, “Admonish,” which means, “Admonish,” which means, “Admonish, I am unable to take a drinking test.”

As a result, the Defendant did not comply with the request for measurement of drinking alcohol by police officials at least twice in violation of the prohibition of drinking alcohol driving or the prohibition of refusing to measure drinking.

Summary of Evidence

1. Report on internal investigation into the defendant's legal statement (report on the circumstances of the employer's driver);

1. Previous convictions indicated in judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act ( considered favorable circumstances among the reasons for sentencing following the suspended sentence);

1. The reason for sentencing of Article 62-2 of the Criminal Act on orders to provide community service and attend lectures was that the Defendant was subject to criminal punishment on four occasions by driving under the influence of alcohol, and driving under the influence of alcohol.

The above circumstances are as follows.