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

On February 1, 2019, at around 01:57, the Defendant, at a place where it is impossible to know the Samsungdong's land in Gangnam-gu Seoul, Seoul, and around 8 meters prior to the exit of Songpa-gu, Songpa-gu, Seoul, to the road of approximately 4km in a state of drinking in which the blood alcohol concentration cannot be known, and, at least 4km, he was under operation of B-do motor vehicle in a state of drinking, he was under suspicion of drinking driving.” The Defendant, upon receiving the 112 report, controlled 4 police officers, such as the police officer belonging to the Song-gu Police Station C District, who was dispatched, on the roads prior to the exit of 8-gu in the original market.

피고인은 발음이 부정확한 상태로 입에서 술 냄새가 나고 얼굴에 홍조를 띠며 음주 감지기에서 음주가 감지되는 등 술에 취한 상태에서 운전을 하였다고 인정할 만한 상당한 이유가 있어, 2019. 2. 1. 01:25경 위 경찰관들로부터 음주측정에 응할 것을 요구 받았음에도 같은 날 01:57경까지 4회에 걸쳐 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 음주 측정을 거부하였다.

As a result, the defendant was required to respond to a sobreath test by a police officer, but did not comply with a request for a sobreath test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and the next inquiry;

1. Application of CD-related Acts and subordinate statutes

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of imprisonment for a crime;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Probation, community service order and order to attend a lecture under Article 62-2 of the Criminal Act, as follows, the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime is committed.