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 October 13, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the Seoul Central District Court, and KRW 3 million as a fine in the same court on March 29, 2010, respectively.

【Criminal Facts】

On December 19, 2019, at around 04:36, the Defendant was required to comply with a drinking test by inserting the drinking alcohol measuring instrument three times at around 05:08 on the same day, on the one hand, while driving a cex motor vehicle in front of Gangnam-gu Seoul at around 04:36, after receiving a report on 112 that “the driver who caused the contact was driven under the influence of alcohol.” The Defendant was required to comply with the drinking test by inserting the alcohol measuring instrument three times at around 05:08, on the other hand, while driving the cex motor vehicle in front of Gangnam-gu Seoul, with the notification that “the driver who caused the contact was driven under the influence of alcohol.”

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 않았다.

Accordingly, the defendant violated the prohibition of drinking driving or drinking alcohol measurement at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Results of the reproduction of video CDs, the drinking measurement of which is refused;

1. A report on the statement of the status of the driver, and an investigation report (the report on the status of the driver);

1. The actual traffic accident investigation report, control manual, F's statement on the occurrence of traffic accident, and each photograph;

1. Previous convictions indicated in judgment: Criminal history records, references to each disposition, preliminary records, results of confirmation, and application of Acts and subordinate statutes of each summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (2) of the Road Traffic Act which choose the penalty, 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's reasons for sentencing under Article 62-2 of the Criminal Act for probation and order to attend a lecture shall drinking.