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

On May 2, 2019, at around 21:50, the Defendant was required to comply with the alcohol measurement by inserting alcohol measuring instruments into a drinking measuring instrument over approximately 23 minutes on the face of the Incheon Gyeyang-gu Police Station C, which was sent to the site after receiving a report of 112, and caused a traffic accident that shocks a vehicle in the front of the signal while driving a BMW car while drinking alcohol at the horse and stopping at the front of the signal, and then making it possible to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol and smoking on the face, etc.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 2 and 44 (2) of the former Road Traffic Act (amended by Act No. 16307, Dec. 24, 2018; Act No. 16307, Jun. 25, 2019);

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Da15488, Apr. 1, 2009)

1. Article 62 (1) of the Criminal Act ( repeatedly considering the preceding conditions);

1. Article 62-2 (1) of the Criminal Act to attend lectures;