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 July 6, 2015, the Defendant was issued a summary order of KRW 1.5 million by the Daejeon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On January 14, 2020, at around 01:10, the Defendant driven a D body-ray on the front of the Daejeon Central Police Agency C, which was in front of the Daejeon Central Police Agency, and was required to comply with a drinking test by inserting the breathm for about 15 minutes, on the grounds that there are reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as drinking, drinking, inaccurate, and influorous distance, from F, who was in front of the Daejeon Central Police Agency E District, called upon receipt of a report.

Nevertheless, the defendant did not comply with a police officer's request for sobage measurement 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. G statements;

1. Report on the situation of driving under the influence of the driver, report on the situation of the driver under the influence of the driver, report on the investigation (report on the circumstances of the driver under the influence of the driver), investigation report (report on the change of the suspect), G of the fire station G, hearing of the police officer's H telephone statement by the dispatch police officer), and report on investigation (whether or not the suspect has been employed

1. Notification of the control of drinking driving;

1. Suspected drivers and photographs refusing to measure drinking, and CCTV images of C institutions;

1. Previous convictions indicated in judgment: Criminal history records, inquiry reports (A), and application of Acts and subordinate statutes (Attachment to summary orders related to drinking driving power of a suspect);

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 of Article 62-2 of the Criminal Act for providing community service and attending lectures is not observed by the defendant without justifiable grounds, and the above refusal of drinking alcohol measurement is an act of refusal.