However, the above sentence shall be executed for two years from the date this judgment becomes final and conclusive.

On December 30, 2011, the Defendant received a summary order of KRW 4 million as a crime of violating the Road Traffic Act from the Ulsan District Court on December 30, 201.

Nevertheless, on July 28, 2020, the Defendant was driving a FK7 vehicle from the front of the C cafeteria located in Ulsandong-gu, Ulsandong-gu to the D apartment E-dong, Ulsandong-gu, in the influence of alcohol on July 28, 2020, while driving a FK7 vehicle from the front of the C cafeteria to the front of the D apartment E-dong, Ulsandong-gu, Ulsandong-gu, and there are reasonable grounds to recognize the Defendant at the time to have been driving under the influence of alcohol, such as drinking smelling, and showing a reaction to a drinking reduction, etc., the Defendant did not comply with the police officer’s request for a drinking test without justifiable grounds, even though the Defendant was requested for a drinking test on four occasions at the front of the D apartment E-dong, Ulsan-gu, Ulsandong-gu, Seoul Special Metropolitan City, from 23:30 to 23:50.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports and investigation reports (Attachment to judgments of the same kind as the suspect);

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. Probation and community service order under Article 62-2 of the Criminal Act has three times of probation and community service order, including a suspended sentence of imprisonment for the reason of sentencing, and the last drunk driving record is a fine in 201, the support for a child while living in the workplace, the disposal of the vehicle and the pening the crime, the volume of drinking and the details of the crime, the defendant's occupation, age, environment, etc.;