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 August 26, 201, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act (driving) in the Changwon District Court's branch on August 26, 2011.

【Criminal Facts】

On February 5, 2020, at around 00:19, the Defendant was a person with the power of violating the duty of prohibition of driving under the influence of alcohol, and was locked from the driver’s seat of the DSS car, where the starting dong turns on the front side of C in Chang-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the flag is isolated.

Accordingly, the Defendant received a report on 112 and received a demand to comply with the alcohol testing method by inserting the whole breath in a drunk, etc., on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, snicking, faceing, snicking, inabbling, drinking-free, red warning, etc. as a result of the measurement of the alcohol reduction.

Nevertheless, the Defendant did not comply with a police officer’s demand for a drinking test without justifiable grounds, such as: (a) stating that “I will not know what I would know; (b) I will see”; (c) spawn the arms of police officers; and (d) spawn them to do so.”

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. On-site photographs;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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. Elements of sentencing unfavorable to the reasons for sentencing under Article 62-2 of the Criminal Act, such as probation, community service order, and order to attend a lecture: The Defendant, even though having been punished three times due to drunk driving, has done a drunk driving; and the offense of refusing to measure drinking is the risk of drunk driving and the drinking control.