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

[Criminal Justice] On February 18, 2016, the Defendant issued a summary order of KRW 4.5 million for a violation of the Road Traffic Act at the Incheon District Court on February 18, 2016, and a summary order of KRW 2 million for the same crime at the Seoul Central District Court on June 23, 2017, respectively.

[Criminal Facts]

1. On July 19, 2019, at around 05:08, the Defendant found that the Defendant was parked with D D D D D D D D D D D D D D D Dalula and Dalula, managed by the Victim C at the parking lot located in Gangnam-gu Seoul, Seoul, and opened an unlocked door and operated the said cargo vehicle to the key located in the vehicle and drive the said vehicle up to approximately 500 meters for the front road of Gangnam-gu Seoul, Seoul.

Accordingly, the defendant used another person's automobile temporarily without the consent of the right holder.

2. Around July 19, 2019: around 05:12, the Defendant reported 112 on the road in front of Gangnam-gu Seoul, Seoul. On the same day, at around 05:50, the Defendant reported 112 of the Road Traffic Act to the effect that “the vehicle is stolen.” On the road in front of Gangnam-gu Seoul, Seoul. On the same day, at around 05:50, the Defendant was required to comply with the alcohol measurement by inserting three minutes in the form of drinking, such as the Defendant sniffing, smelling, and breathing, etc., from the slope G of Seoul Gangnam-gu Police Station, called out after receiving the Defendant’s 112 report.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without justifiable grounds.

As a result, the Defendant violated the prohibition of drunk driving or the prohibition of refusing to take a drunk test not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. A written statement prepared in C;

1. Control manual, investigation report (report on the circumstances of an accused driver), and internal investigation report (Securing images which refuse to measure alcohol by a suspected suspect);

1. Previous convictions in judgment: Criminal history records, etc. inquiry reports (A), investigation reports (Attachment to summary orders), and application of Acts and subordinate statutes attached to summary orders;

1. Relevant provisions concerning facts constituting an offense;