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

[Majority Opinion] On March 17, 2011, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Jung-gu District Court.

[criminal facts] Around 00:37 August 27, 2020, the Defendant requested the Defendant to comply with a drinking test by inserting a drinking measuring instrument at around 00:0,01:30, and around 01:35, the Defendant violated Article 4(1) or (2) of the Road Traffic Act by failing to comply with a police officer’s request for a drinking test without justifiable grounds and failing to comply with a drinking test by failing to comply with a police officer’s request, even though the Defendant was requested to comply with a drinking test by inserting a drinking measuring instrument at around 00:0 on August 27, 2020, at around 01:20, around 01:30, around 01; and around 01:35, around 01:35.

Summary of Evidence

1. Statement made by the defendant in this court;

1. Statement of the suspect interrogation protocol on the accused prepared by the police;

1. Statement and image (including accompanying documents) of a police investigation report (CCTV image verification, etc.);

1. Statement of the circumstances of a driver taken-off in police preparation, investigation report (report on the circumstances of a driver taken-off), notification of the results of the control of drinking driving, investigation report (as regards the date, time, and place of the final drinking); and

1. Previous records: Statement of inquiry inquiry report made by the police, application of Acts and subordinate statutes to the investigation report made by the prosecutor (including attached documents of a summary order of the same kind of power);

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

1. The Criminal Act;