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

[criminal power] On May 4, 2007, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Seoul East Eastern District Court; on October 9, 2009, the Defendant received a summary order of KRW 3 million for the same crime from the same court; on February 1, 2012, the Seoul Central District Court received a summary order of KRW 6 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death Resulting from Dangerous Driving). On July 17, 2015, the Defendant received a summary order of KRW 8 million for a violation of the Road Traffic Act (driving) from the same court.

【Criminal Facts】

On June 14, 2020, at around 01:29, the Defendant was required to respond to the measurement of alcohol by inserting approximately 10 minutes of the alcohol measuring instrument while driving a motor vehicle for drinking at C in front of Songpa-gu Seoul on the road. On June 14, 2020, there are reasonable grounds to recognize that the Defendant driven a motor vehicle for drinking at C while drinking on the front of Songpa-gu Seoul.

Nevertheless, the Defendant, in a manner that does not enter the part of a drinking measuring instrument, failed to comply with a police officer’s request for a drinking test without justifiable grounds.

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. CCTVs, videos and images refusing to take measurements of the F;

1. Investigation report on the circumstantial statement of the employer (report on the circumstances of the employer driver);

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of criminal records of the same kind of suspect);

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 favorable circumstances):

1. Article 62 (1) of the Criminal Act on the suspension of execution ( repeatedly considering the reason for discretionary mitigation);

1. An order to provide community service and attend lectures under Article 62-2 of the Criminal Act;