공무집행방해
The judgment of the court below is reversed.
The Defendants are not guilty. The summary of the judgment against the Defendants is published.
1. Summary of grounds for appeal;
A. Defendant A (1) misunderstanding of facts does not have a misunderstanding of facts against Defendant A (2) the lower court’s sentence of unfair sentencing (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.
B. Defendant B (1) misunderstanding of facts and misunderstanding of legal principles that a police officer conducted a simple drinking-free test to Defendant A, but did not request a drinking-free measuring instrument to take a drinking-free test. Although Defendant A expressed his intent to refuse voluntary driving to take a drinking-free test, the police officer’s attempt to force Defendant A to take the same in the form of voluntary driving without undergoing arrest constitutes an illegal official duty. (2) The sentence of the lower court on unreasonable sentencing (6 months of imprisonment) is too unreasonable.
2. Judgment on the misunderstanding of facts and misapprehension of legal principles by the Defendants
A. The summary of the facts charged of the instant case was around 00:10 on July 23, 2014, the Defendants reported that: (a) on the roads in Seo-gu Incheon, Incheon, Seo-gu, Incheon, the traffic safety department of the Incheon Western Police Station, (b) a slope F, Gyeong G, and a slope H’s joint control of drunk driving; and (c) Defendant A was able to avoid this, the police officers assigned I SM5 cars to side the roads to avoid this; (d) the above police officers notified Defendant A of the fact that he was under the influence of drunk driving; (c) Defendant A was under the influence of drinking; and (d) Defendant A was demanded to take a drinking test using a respiratory measuring device; and (d) Defendant A was so demanded, the Defendant was so forced that “I would not drive a drinking, she would have driven a drinking, she would not take a measurement; and (d) police officers would not take a measurement; and (e) Defendant B and the police officers refused to take a drinking test.”