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

[criminal power] On August 5, 2011, the Defendant issued a summary order of KRW 5 million for a fine of KRW 1 million for a violation of the Road Traffic Act in the Gwangju District Court’s net support on August 5, 201, and on December 13, 2016, the Defendant was issued a summary order of KRW 4 million for the same crime in the same court.

【Criminal Facts】

On July 4, 2018, around 02:40, the Defendant was demanded to comply with the alcohol alcohol measurement by inserting the whole of it into a drinking measuring instrument, on the ground that there is a reasonable ground to recognize that the Defendant was driving under the influence of alcohol, such as smelling and smelling on the face, from the police officers affiliated with the 112 police box of the net Police Station, who was under the influence of alcohol, while putting at the time of a string car at the 2nd underground parking lot of the B apartment of Macheoncheon-si, B, 112, while being divingd on the driver’s seat.

그럼에도 피고인은 음주측정기에 입김을 불어놓는 시늉만 하고 위 경찰관에게 “측정을 하지 않겠다.”고 말하여 정당한 사유 없이 경찰관의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the driver, the report on the situation of the driver, and the report on the status of the driver;

1. Application of Acts and subordinate statutes to photographs and records of the drinking field measuring field;

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. The fact that the reason for sentencing under Article 62-2 of the Social Service Order Criminal Act has the record of being punished twice for drunk driving, and the fact that the crime of refusing to take a drinking test requires strict punishment in consideration of the danger of drunk driving and the effectiveness of the drinking control is disadvantageous to the defendant.

However, the records and records of this case, such as the defendant's age, character and behavior, environment, occupation, motive and consequence of the crime, and circumstances after the crime, etc., are as follows.