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

On April 18, 2012, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act by the Daegu District Court.

The Defendant, at around 01:32 on November 7, 2019, driven a motor vehicle from about 8km to the front road of a cafeteria located in the same Gu with drinking alcohol, and had reasonable grounds to recognize that he/she driven a motor vehicle under the influence of alcohol, such as smelling and smelling from F of the Daegu Haak Police Station E belonging to the Daegu Haak Police Station E, which is under the influence of drinking control, while driving the motor vehicle from around 01:42, around 01:47, and around 20 minutes until around 01:52, the Defendant failed to comply with a police officer’s request for a drinking test without justifiable grounds, even though he/she was required to comply with the drinking alcohol measurement for about three minutes.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the direction of the motor vehicle and each investigation report (the sequence 4,5 of evidence list);

1. Criminal records as stated in the judgment: Criminal records, inquiry reports (A), investigation reports (verification of the same criminal records), and application of one copy of a summary order to one Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. When the defendant, on the grounds of sentencing under Article 62-2 of the Criminal Act, was discovered while driving under the influence of alcohol and demanded a police officer to take a drinking test, the crime is extremely poor in view of the circumstances of the crime and the method of the crime.

Prior to the instant case, the Defendant has been subject to criminal punishment on six occasions, including five times of a fine due to drinking driving and one time of suspension of the execution of imprisonment.

In light of these points, it is necessary to strictly punish the defendant.

However, it is recognized that the defendant has committed a crime and is divided.