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

[criminal power] On December 18, 2002, the defendant was issued a summary order of fine of KRW 3 million for the crime of violation of the Road Traffic Act (refluence of noise measurement) at the Suwon District Court on the site of Suwon District Court on December 18, 2002, and two million won for the crime of violation of the Road Traffic Act (refluence of noise measurement) at the Incheon District Court on August 2, 2007.

【Criminal Facts】

On January 27, 2020, at around 23:45, the Defendant: (a) while driving 1 ton cargo vehicles B while drinking a sexual intercourse road in Seongbuk-gu, Seocheon-gu, Seocheon-gu; (b) had a reasonable ground to recognize that the Defendant driven a motor vehicle under the influence of alcohol, such as drinking, drinking, drinking, and signal violation by D while driving the motor vehicle B1 ton of cargo vehicles under the influence of drinking; and (c) was demanded from the above D to comply with the alcohol test by inserting the motor vehicle in a manner of drinking over several times, on the grounds that there are reasonable grounds to recognize that the Defendant driven the motor vehicle under the influence of alcohol, such as drinking, drinking, and failing to properly hold the body.

Nevertheless, the defendant, without justifiable reason, refused a police officer's request for a drinking test.

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection of drunk driving and notification of the results of crackdown on drinking driving;

1. Statement of the status of the driver;

1. A copy of the drinking-water measurement register;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal records, investigation reports, and Acts and subordinate statutes;

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;

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

3. Reasons for sentencing under Article 62-2 of the Criminal Act;

1. The scope of punishment by law: Imprisonment with prison labor for not less than two years but not more than five years;

2. Non-application of the sentencing criteria: The sentencing criteria are not prepared for the crimes of violation of the Road Traffic Act.

3. The decision-making driving of the sentence is not only abrupt of himself but also a crime in which the life of an unbrush person can be taken, and the risk of such a crime is high.

The defendant again commits the crime of this case even though he was punished as a drinking-free driver, such as the record of the criminal records.