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

On April 1, 2019, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act from the Gwangju District Court, as a result of the violation of the Road Traffic Act.

On August 8, 2019, at the Naju Police Station C police station located in B at B on August 08, 2019, the Defendant avoided the demand of a police officer to respond to the measurement of alcohol for about 15 minutes on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as a brea Police Station C police station located in B on August 8, 2019, when the Defendant took a breathic reaction from a slope D in the influence of alcohol to the Defendant, and that the Defendant was snickly smelled, and that the Defendant was driving while drunk

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Partial statement of the defendant;

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

1. Each photograph;

1. 판시 전과: 조회회보서, 약식명령 [피고인은 경찰공무원의 음주측정 요구에 응했다고 주장한다. 그러나 판시 증거들을 종합하면, 피고인이 입술로 음주측정기의 불대를 막거나 바람을 약하게 부는 등 음주측정에 응하는 시늉만 하고 실제로는 제대로 음주측정에 응하지 않은 사실을 인정할 수 있다.] 법령의 적용

1. Relevant legal provisions of the Act and Articles 148-2 (1) and 44 (2) of the Road Traffic Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Article 53 and Article 55(1)3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2006Da1448, Apr. 2, 20

1. Article 62(1) of the Criminal Act of the suspended sentence (hereinafter “the grounds for the suspended sentence”), whichever is favorable, has been repeatedly considered;

1. The reason for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on Probation, etc. is not only a long period of time, even if the Defendant was subject to criminal punishment on April 1, 2019, but also a drunk driving again.