도로교통법위반(음주측정거부)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Punishment of the crime
On January 22, 2013, the Defendant issued a summary order of KRW 5 million by Jeju District Court due to the violation of the Road Traffic Act (driving).
On November 30, 2019, at around 20:45, the Defendant: (a) while driving a drinking-free vehicle in front of the Jeju City Bridge, while drinking on the road; (b) received a report of suspicion of drunk driving; and (c) was subject to drinking control from E, a police officer belonging to the Jeju Western Police Station, etc., called the Defendant; and (d) during that process, the Defendant was arrested as a flagrant offender under suspicion of obstruction of performance of official duties and carried in the D police box in the Jeju City F, and was deemed to have driven under the influence of alcohol, such as drinking, drinking, snow, breathing, and walking, and driving under the influence of alcohol. Accordingly, the Defendant was demanded to comply with the alcohol measurement by inserting the drinking-free measuring instrument four times from November 30, 2019 to April. 17, 2019.
Nevertheless, the Defendant failed to comply with the sobreath test due to being sealed by his hand, etc., and failed to comply with the police officer’s request for a sobreath test without justifiable grounds.
On November 30, 2019, the Defendant: (a) around 20:50 on November 30, 2019, 200: (b) received a 112 report that “A vehicle operating a drinking vehicle” on the road prior to the Jeju Provincial Police Station was demanded to get off the vehicle from the Jeju Provincial Police Station, G details of the police box belonging to the Jeju Provincial Police Station, and the police officer to verify drinking.
The Defendant: (a) stated that he she was able to take a bath to patrolmen E, “I am at low interest”; (b) took a bath to the Inspector G as “I am kick”; (c) took a breath of the above G by hand, flabing the breath’s face; and (d) committed assault, such as partial destruction of the breath’s face when I am knicked.
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.
Summary of Evidence
"2019 Highest 2739"
1. The defendant's legal statement; 1.1.