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

On December 21, 2018, the Defendant is driving from the back of the building B in Changwon-si, Changwon-si to the D- way in Changwon-si, Changwon-si C, to the front of the D- way in Changwon-si, Changwon-si, Changwon-si, 2018, and

마산중부경찰서 F파출소 소속 경위 G으로부터 피고인에게서 음주감지기 반응이 나타나고 입에서 심한 술 냄새가 나는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 약 24분간에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음측측정에 응할 것을 요구받았으나 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하며 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes to report internal investigation (on the spot operation status, etc.);

1. Relevant Article of the Act on the Crime and Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act that selects 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 reasons for sentencing under Article 62-2 of the Criminal Act for taking lectures and community service order are as follows: (a) the Defendant was sentenced to a fine of KRW 4 million by driving under the influence of alcohol in 2013.

Although the Defendant was found to have driven under the influence of 0.172% on December 13, 2018, the Defendant filed an application for formal trial against a summary order and is under trial.

It is not sufficient that the crime of this case may not be committed since the draft has not been passed, and the quality of the crime of this case is good.

However, the defendant has no record of being punished after being sentenced to the above fine, and there is only a record of being sentenced twice a fine even before.

In addition, the sentencing conditions, such as the age, character and conduct, environment, circumstances, circumstances after the crime, etc., shall be determined as per the order.