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

[criminal power] On June 11, 2012, the Defendant was issued a summary order of a fine of six million won for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch of the Daejeon District Court on June 11, 2012; on November 17, 2014, the same court issued a summary order of a fine of four million won for the same crime; and on August 12, 2016, the Defendant was sentenced to a suspended sentence of six months for the same crime by the same court.

【Criminal Facts】

Although the Defendant was punished for drunk driving as above, around 05:16 September 26, 2019, the Defendant was driving a F SP car from the Cstore parking lot located in Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul to the Ethy road located in Dong-gu, Chungcheongnam-gu, Dong-gu, Chungcheongnam-gu, Seoul, to drive a F SP car on the road while driving it on the road.

Accordingly, there was considerable reason to recognize that a person was driven under the influence of alcohol, such as smelling and smelling on the face, etc. from G of the Yananandong Police Station in the position of the Yandong-dong Police Station called to the site after receiving a report from G of the 112 that there was a vehicle standing one hour on the road, and thus, it was demanded that the person comply with the drinking test by inserting the vehicle into the drinking measuring instrument in total three times from 05:59 to 06:09 on the same day.

Nevertheless, the Defendant explicitly refused to take a drinking test, and failed to put in a drinking-free measuring instrument, thereby avoiding this, and failed to comply with the police officer’s measurement.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the regulation of drinking driving, notification on the results of the regulation of drinking driving, and the report on the state of drinking driving, photographic photography, photographic photograph of drinking practice, copy of the ledger of use of measuring instruments;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same type of judgment, etc.);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act (Selection of Imprisonment or imprisonment);

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

1. The defendant's reasons for sentencing under Article 62-2 of the Criminal Act of probation and community service order.