A defendant shall be punished by imprisonment for two years.

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 December 9, 2015, the Defendant was issued a summary order of KRW 1 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 30, 2020, the Defendant was required to respond to the drinking test by inserting D-Wurged on the front side of the Seo-gu Daejeon Special Metropolitan City “C” on August 30, 2020, while driving D-Wurd-Wurged-Wurged-Wurg-Wurd-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-Wurg-W-W-Wurg-W-Wurg-W-W-W-W-Wurg-W-W-W-W-W-W-W-W-W-W-W-W-W-W-Wed-W-W-W-W-Wed-Wed-Wed-Wed-W-Wur-Wed-Wur-Wur-Wur-Wur-Wed-Wur-Wed

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement report, investigation report, each internal investigation report, investigation report (to hear statements made by reporters), and investigation report by control police officers;

1. Notification of the results of the drinking driving control, and a report processing slip for 112 reported cases;

1. Photographs;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry reports (A), summary orders ( Daejeon District Court Decision 2015 High Court Decision 2015 High Court Decision 3025), and application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The crime of this case on the grounds of sentencing under Article 62-2 of the Criminal Act requires more severe punishment since the defendant's refusal to measure alcohol without justifiable grounds. The above act of refusing to measure alcohol is intended to avoid punishment due to drinking alcohol driving, and the defendant is in 2015.