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

On March 22, 2018, the Defendant received a summary order of KRW 1,50,00,000 as a fine for the violation of the Road Traffic Act in the Suwon District Court's Ansan Branch for the violation of the Road Traffic Act.

On March 29, 2020, around 00:03, the Defendant was required to respond to a drinking test by setting the breathm in a drinking measuring instrument for about 22 minutes, on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling and rhing the alcohol from the Defendant, while driving the B-crare on the front of the 1633 water resource construction street in front of the 163rd-dong Water Resources Corporation.

그럼에도 피고인은 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. The defendant's legal statement, internal investigation report, investigation report (report on the circumstances of a drinking driver) and the use register of a drinking emitting machine;

1. Previous records: Application of inquiry written and summary order statutes, such as 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing in Article 62-2 of the Criminal Act is that the refusal of measurement of drinking alcohol is an act that disregards the exercise of legitimate public authority, and the refusal of punishment for drinking driving is likely to be subject to criticism in itself.

The defendant had recently been punished for drinking driving, but has recently reached the crime of this case.

On the other hand, the defendant did not have any criminal record except a drinking driving once, and seems to be realizing his or her mistake and reflect his or her depth.

In addition, the punishment shall be determined in consideration of various circumstances, such as the age, environment, and circumstances after crimes.