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

On July 22, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol to the Defendant, smelling on the front of the D convenience store located in Gangseo-si, Gangnam-si, by using the 112 vehicle owned by B, which was parked at the same time, while driving a motor vehicle under the influence of alcohol on the front of the D convenience store located in Gangnam-si, and receiving a report of 112 by using the 5 motor vehicle owned by B, which was parked at the same time, from G during the police box belonging to the Gangnam-gu Police Station F box called the Defendant.

There is a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking, such as the method of inserting the breath of alcohol into a drinking measuring instrument over about 20 minutes due to the reduction of drinking, etc.

그럼에도 피고 인은 위 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하고 “2 번이나 불었는데 왜 측정을 자꾸 하느냐

“A police officer fails to comply with a police officer’s request for a measurement of drinking without good cause.”

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on the occurrence of a traffic accident, reports on a traffic accident, and photographs of the accident scene;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Investigation report (report on the situation of the driver in charge); and

1. Application of Acts and subordinate statutes to a report on investigation (related to on-site mobilization);

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Act is based on the following circumstances: the Defendant’s age, sex, environment, circumstances before and after the commission of the crime, and all the conditions of the sentencing indicated in the records, including the criminal defendant’s age, sex, circumstances before and after the commission of the crime, etc. as ordered.

The favorable circumstances: The act of making a confession, which has his mistake divided, and is disadvantageous to the fact that there is no past record of punishment exceeding the fine: The act of refusing to measure the drinking without any justifiable reason after driving the drinking.