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

The defendant is a person who is engaged in driving a Drain vehicle.

On September 23, 2016, the Defendant driven the said car under the influence of alcohol on September 22, 2016, and conflict with the front part of the HW car driven by G parked in the front side of the Seocho-gu Seoul, Seocho-gu, Seoul, with the front part of the HW car driven by G parked in the front side from the Seocho elementary school to the south side of the river.

Therefore, there are reasonable grounds to recognize that a person was driven under the influence of alcohol, such as smelling at the defendant's entrance from the J of the Gyeongnam Police Station International District of Seoul Gangnam-gu, which was called upon a traffic accident report, and the person was driven under the influence of alcohol from the J of the Gyeongnam Police Station, the person voluntarily driven to the K Office of the Seoul Gangnam-gu Seoul Gangnam Police Station, which is located at 113-ro 12, Gangnam-gu, Seoul. On the same day, around 23:14, the person was demanded to comply with the alcohol test by inserting the alcohol measuring instrument four minutes from L on the same day.

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

Summary of Evidence

1. Defendant's legal statement;

1. A traffic accident report;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to investigation reports (popportunch photographs);

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 20

1. Article 62 (1) of the Criminal Act (Taking into account the same reasons as the above);

1. It is so decided as per Disposition on the grounds of Article 62-2 or more of the Criminal Act;