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

On October 25, 2006, the Defendant was issued a summary order of KRW 1.5 million by the Incheon District Court for the crime of violation of the Road Traffic Act.

On October 9, 2019, at around 16:28, the Defendant driven BMW car while drinking alcohol on the road near the remote distance in Songpa-gu Seoul Metropolitan City, 184-23, Songpa-gu, 184:23, the Defendant was demanded to comply with a drinking test by inserting it four minutes from around 15 minutes from around 16:48 to around 17:03 of the same day, in a manner that the Defendant was driving under the influence of alcohol, on the road after receiving a report on 112 that the Defendant stopped the car on the road and was divingd while standing the car on the road.

Nevertheless, the Defendant did not comply with a police officer’s demand for the measurement of drinking without justifiable grounds, such as making a drinking measuring instrument in his/her hand and making it a police officer “breath.”

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. Statement on the circumstances of a drinking driver, inquiry into the results of crackdown on drinking driving, and report on the detection of a drinking driver;

1. Previous records of judgment: Reference records to criminal records and investigation reports (applicable to criminal records of a suspect, attachment of the same criminal records, and review of suspicion);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Imprisonment with prison labor for a period of one year to two years;

2. The sentence of sentence (unfavorable circumstances) has already been sentenced to three times of punishment for the same crime, but it also has the same record.