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

[Criminal Power] On July 17, 2013, the Defendant was issued a summary order of KRW 3.5 million as a crime of violating the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court.

【Criminal Facts】

On March 1, 2020, the Defendant was asked to take a drinking test by inserting a drinking instrument three minutes from around 02:27 to around 02:37 of the same day, while the Defendant was making a traffic accident that was parked in the future while driving a NAS car in the state of drinking, and receiving a report of 11:30 of the same day at around 01:30 of the same day, and the circumstances of the instant case were confirmed by H from the position of the G District Unit of the Seocho-gu Police Station G District that called to the site, while the Defendant was receiving a report of 112 of the same day that there was a traffic accident that was parked in the latter while driving the NAS car in the state of drinking, such as smelling, smelling, driving on the face, etc., and on the same day, there is considerable reason to recognize that the Defendant was under the influence of alcohol, such as making a smell, driving on the face, and driving on the face.

Nevertheless, the defendant did not comply with a police officer's request for a drinking test without a justifiable reason, stating that "if the defendant is required to take a drinking test, it is not allowed to take an insurance process, or it is prohibited to take a drinking test."

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A survey report on the actual condition of a traffic accident, on-site, and photograph of an accident vehicle;

1. A video CD that refuses to take a drinking alcohol measurement;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (2) and (1) of the Road Traffic Act that choose the penalty;

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

1. Reasons for sentencing under Article 62 (1) of the Criminal Act, details of the crime, criminal records of the defendant, the environment of the defendant, etc.;