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

[criminal power] The defendant was punished for driving under the influence of alcohol in the Changwon District Court on September 29, 2010 and was punished by a fine of one million won for a violation of the Road Traffic Act (driving under the influence of alcohol) at the Jinwon District Court on September 29, 201.

【Criminal Facts】

On December 3, 2019, at around 22:50, the Defendant, while driving DK5 automobiles on the front of “C” on the road located in Jinju-si, Jinju-si, Seoul, at around 22:50, was required to comply with a drinking test by inserting three times the breath of the Jinju Police Station belonging to the Jinju Police Station, for the following reasons: (a) there was considerable reason to recognize that the Defendant driven DK5 automobiles under the influence of alcohol, such as smelling, sniffing, and gringing the face; and (b) the Defendant was required to comply with the

Nevertheless, the Defendant avoided it by preventing the entrance of a drinking measuring instrument, etc., and did not comply with a police officer’s request for a drinking test without justifiable grounds.

Accordingly, the defendant violated Article 44 (1) or 44 (2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report (No. 5 and 15 No. 15 of the evidence list), and internal investigation report of the host driver;

1. Suppression photographs and video CDs;

1. Previous records of judgment: Criminal records, inquiry reports and application of 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;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 62-2 of the Criminal Act on the grounds of the order to provide community service and attend lectures was that the Defendant did not comply with the measurement of drinking without justifiable grounds despite being driven under the influence of alcohol, and the nature of the crime is not good.

However, the fact that the defendant has a criminal record exceeding the fine, and the age, character and conduct, environment, motive of the crime, circumstances after the crime, etc. as shown in the records and arguments of this case are recognized.