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

On June 12, 2019, at around 23:20, the Defendant was required to take a drinking test three times by inserting alcohol into a drinking measuring instrument by inserting alcohol into a slope C, etc. belonging to the Busan Seo-gu Police Station, which was under the influence of alcohol, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking while drinking alcohol on the front of the deaf-gu Seoul Seo-gu Agriculturaldong, Seo-gu, Gwangju, while drinking alcohol on the road.

Nevertheless, the Defendant, on the same day, failed to comply with a police officer’s request for measurement of drinking alcohol without justifiable grounds by inserting the whole three times, including one time at around 23:37 on the same day, two times at around 23:43, and three times at around 23:52.

Summary of Evidence

1. Defendant's legal statement;

1. Fact-finding reports on drivers of drinking alcohol and inquiry about the results of crackdown on drinking alcohol;

1. Reports on internal accidents (report on the circumstances of the driver involved in such internal accidents);

1. Application of the Acts and subordinate statutes concerning the closure of a photographic image;

1. Article 148-2(1)2 and Article 44(2) of the former Road Traffic Act (wholly amended by Act No. 16037, Dec. 24, 2018); the choice of imprisonment with prison labor

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

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

1. The crime of this case committed by a police officer with the reason of sentencing under Article 62-2 of the Criminal Act, which failed to comply with a lawful drinking test by the police officer, is not good;

Furthermore, if the defendant has long history, he was punished twice as a drunk driving prior to the crime of this case.

At this time, the defendant's act shall be selected and punished, but the suspension of execution shall be sentenced in consideration of favorable circumstances, such as the fact that there is no record of additional punishment in addition to the fines twice, and that there is no error in his/her act.

The age, character and conduct of the defendant;