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 July 20, 2015, the Defendant received a summary order of a fine of KRW 3 million from the Jeonju District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 25, 2020, the Defendant was required to respond to the measurement of alcohol by inserting alcohol into a drinking measuring instrument for about 40 minutes on the ground that there are reasonable grounds to recognize that he driven under the influence of alcohol, such as smelling by the Defendant, smelling, walking on the inside, while driving a D's low-income vehicle while drinking alcohol at a regular Eup Police Station B and a regular Eup Police Station C, and on the inside, while driving the D's low-income vehicle under the influence of drinking, the Defendant was required to comply with the measurement of alcohol by inserting it into a drinking measuring instrument for about 40 minutes.

Nevertheless, the Defendant, under the influence of alcohol, did not comply with a police officer’s request for a alcohol test without justifiable grounds, while being sob that there is a large amount of drinking water.

Accordingly, the Defendant violated the requirements for alcohol measurement by driving a motor vehicle under the influence of alcohol, or not refusing to comply with a police officer's request for alcohol measurement without any justifiable reason at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Report on internal investigation (the state of refusal to measure the drinking), and photograph of refusal to measure the drinking;

1. Transverse inquiry (D);

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

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

1. The reason for sentencing of Article 62-2 of the Criminal Act regarding the order to provide community service and attend lectures was found by the patrol vehicle, which was driven by the Defendant, and was under the patrol of abnormal driving of the patrol vehicle, to suspect and stop drinking and to find it difficult for the Defendant to drive the patrol vehicle.

The measurement was rejected even though it was found to be impossible to drive normally.

The details of detection, the history of crime, the sales of vehicles, and the fine for drinking driving shall be excluded once.