A defendant shall be punished by imprisonment for not less than one year and six months.

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

Punishment of the crime

[Criminal Power] On July 6, 2017, the Defendant issued a summary order of a fine of KRW 5 million at the Daejeon District Court for a violation of the Road Traffic Act in addition to the issuance of a summary order of KRW 5 million.

【Criminal Facts】

On April 25, 2020, at around 02:05, the Defendant driven a f towing vehicle on the front of the E-line in front of the agency located in Daejeon Seo-gu B at approximately 1km in front of the same Gu, and there is considerable reason to recognize that the Defendant was driven under the influence of alcohol by the Defendant, such as walking along her face with a red string, and walking along with a breath, from around 02:10 to around 02:45, the Defendant failed to comply with the demand of a police officer for a drinking test without justifiable grounds, even though the Defendant was required to comply with the drinking test by inserting the drinking measuring instrument three times in the front of the E-line in front of the above E-line and the G police box located in Daejeon Seo-gu I, Daejeon-gu, for a total of three times.

Summary of Evidence

1. For a criminal record as stated in the J's written statement of the defendant's legal statement, investigation reports, enforcement records, investigation reports (report on the circumstances of the principal driver): Application of Acts and subordinate statutes to criminal records, investigation reports (a summary order of the suspect's same kind of power attached);

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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Article 62 (1) of the Criminal Act (The following consideration shall be made again for the reason of sentencing);

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

1. Scope of punishment by law: Imprisonment with prison labor for not less than one year but not more than two years and not more than six months;

2. Circumstances disadvantageous to the defendant: At least two years but not more than five years when the Road Traffic Act selects a person who drives under the influence of alcohol at least twice or refuses to take measurements of alcohol;