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

On September 27, 2010, the Defendant was sentenced to a suspended sentence of ten months by imprisonment with prison labor for a violation of the Road Traffic Act, etc. at the Cheongju District Court on September 27, 2010, and on August 24, 2015, the same court received a summary order of seven million won by a fine for a violation of the Road Traffic Act.

On February 8, 2020, at around 20:20, the Defendant caused a traffic accident in front of the Jincheon-gun B apartment, Chungcheongnam-gun, Chungcheongnam-gun, and the back part of D, which was stopped, while operating C C C C C C C C C C C C C C C C C C Cirse cruises, into the front part on the right side of the above vehicle.

Although the Defendant was requested to comply with a drinking test by inserting the breathm by inserting the breathm from G during the police box belonging to the Chungcheongbuk-do Police Station, which was dispatched to the site, on the grounds that there are reasonable grounds to recognize that the Defendant was driving of the said bream while under the influence of alcohol, such as red, inaccurate, and unsatisfying and unsatching, etc., he did not comply with a police officer’s request for a drinking test

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Hearing reports on references;

1. Application of Acts and subordinate statutes, such as criminal history records, inquiry reports, and summary orders;

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. In light of the fact that the defendant committed the instant crime even though he/she had four times before and after drinking alcohol, and had a previous and one time before refusing to measure drinking, it is necessary to strictly punish the defendant for the reason of sentencing under Article 62-2 of the Criminal Act.

However, the fact that the defendant is unable to repeat the crime while recognizing the crime and reflecting the wrongness, and the criminal records of the above drunk driving are before around 2015, and the criminal records of the above drunk driving are around 2010.