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

[Criminal Power] On January 13, 2016, the Defendant was issued a summary order of KRW 5 million as a crime of violation of the Road Traffic Act in the application of the Gwangju District Court for the wood application of the Gwangju District Court.

【Criminal Facts】

On July 19, 2020, the Defendant reported 112 to the effect that “A vehicle suspected of drunk driving exists” in C’s front of Naju City, 19:40 on July 19, 2020, and called to the site, and did not comply with the request of the Defendant to comply with the measurement of drinking without justifiable grounds, notwithstanding the fact that there was considerable reason to suspect that the Defendant was driving under the influence of drinking, such as drinking, smelling, snicking on the face, and the distance of walking, etc., from E by the police station D of the Naju Police Station, who was called to the site after having received a report from the police station of the State Police Station D, which was called to the site.

Accordingly, the defendant violated the prohibition of drinking driving and drinking refusal to measure drinking more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (verification of the same kind of power);

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. The sentencing of Article 62-2 of the Criminal Act, including the criminal records of the defendant, the nature and risk of the crime of this case, the background of the crime, the family relationship, the health condition of the defendant, and the possibility of recidivism, shall be determined as ordered by taking into account the various sentencing conditions as shown in the records and arguments of this case.