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

피고인은 2016. 12. 16. 01:18 경 평택시 C에 있는 D 아파트 지하 주차장에서, ‘ 술에 취한 사람이 아파트 입구에 시동을 켠 상태로 E 트라제 XG 승용차를 세워 두어 차량의 소통을 방해하고, 운전석에 앉은 채 잠을 자고 있다’ 는 112 신고를 받고 그곳에 출동한 평택경찰서 F 파출소 소속 경장 G이 피고인의 차를 발견하고 정차시킨 후 피고인에게 서 술 냄새가 나고 얼굴에 홍조를 띠며 음주 감지기에 알콜이 감지되는 등 술에 취한 상태에서 운전하였다고

Even though there are reasonable grounds to determine a seal, it was intended to leave the site and avoid it, even though it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 30 minutes.

Accordingly, the defendant did not comply with a police officer's demand for alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to notify the results of internal investigation, report on the situation of driving a drinking driver, report on the situation of a drinking driver, and control of drinking driving;

1. Relevant Article of the Act and subparagraphs 2 and 44 of Article 14-2 of the Road Traffic Act applicable to the facts constituting an offense, and Articles 148-2 and 144 of the same Act applicable to the selective punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Judgment on the assertion by the defendant and his/her defense counsel under Article 62-2 of the Criminal Act

1. The defendant's demand for the measurement of drinking alcohol against the defendant was made under an illegal arrest, and thus the defendant is not guilty of refusing to comply with the measurement of drinking alcohol.

2. If the judgment-based driver expressed his/her intention to actively refuse to take a drinking test, the crime of refusing to take a drinking test is established immediately (see Supreme Court Decision 2013Do8481, Dec. 24, 2015, etc.). In light of the following circumstances acknowledged, the Defendant has already been arrested in the act of committing the crime of refusing to take a drinking test.