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

On September 17, 2018, at around 19:01, the Defendant was required to comply with a drinking test by inserting alcohol into a drinking measuring instrument for about 15 minutes from around 19:41 to 19:56 on September 19, 201, while driving a Grand Car in Songpa-gu Seoul, which caused a traffic accident and received a report while driving it on the road in front of the restaurant. In response to voluntary driving, the Defendant was required from F in the circumstances belonging to the Seoul Song Police Station E zone, the Seoul Song Police Station: (a) to voluntarily drive the vehicle; and (b) to voluntarily drive the vehicle; and (c) from H in the process of the above police station, the Defendant was required to comply with the drinking test by inserting alcohol into a drinking measuring instrument for about 15 minutes from around 19:41 to 19:56 of the day.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a survey report on actual conditions and a report on detection of a host driver;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, the choice of penalty, and the choice of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Taking into account the fact that there exists a record of being sentenced to a fine twice due to the reasons for sentencing under Article 62-2 (1) of the Criminal Act, the confession of a crime, and the fact that there exists no record of being sentenced to a suspended sentence or heavier punishment;