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

On September 28, 2020, the Defendant 2020's 2030 driving a D Trate car on the front side of "C" located in Jinju-si B with alcohol around September 21, 2020.

At this time, after receiving 112 reports that the defendant is driving a drinking, the defendant was called the slope F to the E-district of the Jinju Police Station.

F has considerable reasons to recognize that the defendant was driven while under the influence of alcohol, such as smelling snick on the face, making the redlight belt, etc., the F demanded the defendant to respond to the measurement of alcohol by inserting about 15 minutes in the manner of breath of alcohol.

Nevertheless, the Defendant, while speaking that he cannot take measurements, failed to comply with a police officer’s demand for alcohol testing without justifiable grounds.

The defendant of "2020 Highest 2047" refused a police officer's request for a drinking test on September 28, 2020 without justifiable grounds, as stated in paragraph (1) of the same Article.

Nevertheless, at around 21:20 on November 4, 2020, while under the influence of alcohol of 0.059% of blood alcohol concentration, D TworkXG car was driven from approximately 10 meters away from the road next to the above apartment to the above apartment on the roads next to the apartment in Jinju-si.

Accordingly, the defendant violated the Road Traffic Act's prohibition or prohibition of drinking alcohol measurement at least twice.

Summary of Evidence

"200 Highest 2030"

1. Defendant's legal statement;

1. A H statement;

1. 112 reported case management lists and photographs; and

1. Report on the circumstantial statements and investigation report (report on the circumstantial circumstances of the drinking driver) 2020 order 2047;

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List No. 16);

1. Relevant provisions of the Act on Criminal facts, Articles 148-2 (2) and 44 (2) of the Road Traffic Act (the act of refusing to measure the noise level), Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (the act of running the noise level) of the Road Traffic Act, and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.