A defendant shall be punished by imprisonment for one year.

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

Punishment of the crime

[criminal power] On December 28, 2008, the Defendant received a summary order of KRW 1 million for a violation of the Road Traffic Act (driving) from the Incheon District Court Branch on December 28, 2008, a summary order of KRW 2 million for the same crime in the same court on February 29, 2012, and a summary order of KRW 5 million for the same crime in the same court on September 20, 2012.

【Criminal Facts】

On September 22, 2019, at around 02:23, the Defendant was driving a C Lasta car in the vicinity of the Seoul direction of the Gyeongdo Highway, which is located in the Cheongdogdog-si, Chungcheongnam-si, Chungcheongnam-si, Cheongdo-si, the Defendant was under the control of the said rest area from E during the process of the operation of the Chungcheongnam-do Police Agency D, who was called out after receiving a 112 report that “A vehicle that was parked on the side is traveling along the direction of the Seoul direction.”

At the time, the Defendant was smelled with a little color, and there were reasonable grounds to suspect that he was driven while under the influence of alcohol, such as the influence-free drinking, the influence-free drinking, etc., and accordingly, the Defendant was requested to comply with the request for a alcohol test by inserting the whole in four minutes from around 02:50 on the same day to about 03:05 on the same day, but did not comply with the police officer’s request for a alcohol test without justifiable grounds.

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. Investigation report (report on the circumstances of an immigration driver);

1. 112 reported case handling lists and control guards;

1. Previous records: Criminal records, confirmation of suspect's records and the application of a copy of each summary order attached thereto;

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 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 1, 201; Supreme Court Decision 201Da1248, Apr.

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

1. Article 62-2 of the Criminal Act on Probation and Order to Attend Courses;