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

At around 14:20 on October 14, 2019, the Defendant driven a e-car at approximately 3 km from the C parking lot located in B to the roads near D in the same city.

After that, the Defendant rejected the measurement without justifiable grounds even though he was required to comply with the breath test by a respiratory measuring instrument three times in a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as the Defendant’s face color from G from the F department of the Stakyang Police Station F department, where the Defendant was under the influence of alcohol, such as drinking in red and smelling, on the road near the above pushed-si D during the same day from 14:30 to 14:49 on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Investigation reports and field photographs on refusal to measure drunk driving;

1. Application of the Acts and subordinate statutes of the hostile inquiry;

1. Relevant Articles 148-2 (2) 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 defendant with the reason of sentencing under Article 62-2 of the Criminal Act committed the crime of this case without being sentenced to a heavier punishment, even though he had a number of records of punishment including a sentence due to drinking driving.

However, the punishment as ordered shall be determined by comprehensively taking into account the circumstances to be considered for the defendant, such as the fact that a considerable period has elapsed from the previous record, the fact that the defendant commits a mistake, and the result of causing damage to another person due to traffic accidents, etc. during the crime, and other factors such as the age, character and conduct, environment, circumstances after the crime, and circumstances after the crime.