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

On May 28, 2019, at around 23:48, the Defendant was driving a Bkn-off car on the roads prior to the 2,000-gu, Incheon Bupyeong-gu, Incheon, Busan, the Bupyeong Police Station C Inspector D, who was working for the drinking control, and there was a considerable reason to recognize that the Defendant was driving under the influence of alcohol, such as a drinking-free distance on the face, while driving the Bkn-off car on the roads prior to the 485-day, the Defendant was demanded from around 23:52 of the same day to comply with the drinking-free measurement in a manner of inserting the drinking-free measuring machine for about 10 minutes from around the next day to around 0:02 of the next day.

Nevertheless, the Defendant, without justifiable grounds, expressed his intention of direct refusal to measure the first and second alcohol testing requirements, and avoided the third alcohol testing requirements by not fully inserting the whole so as to remove it from it, and did not comply with the police officer’s request for a alcohol testing without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial statement of the employee;

1. Application of the Acts and subordinate statutes on photographs rejecting measurement;

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;