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

On April 11, 2017, the Defendant driven a DK5 vehicle under the influence of alcohol on the front side of Seodaemun-gu Seoul, Seodaemun-gu, Seoul at around 03:13, while driving the DK5 vehicle under the influence of alcohol, the Defendant was under the influence of alcohol, such as the traffic of the vehicle for the above K5 passenger, and the police officer belonging to the Seodaemun-gu Police Station, and the police officer belonging to the Eth and slopeF, who called the Defendant, snicking on the face, and snicking on the face.

There was a considerable reason to determine a person, and thus, it was required twice to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument.

Nevertheless, the Defendant, while expressing his intent to refuse to measure drinking, committed assault, such as: (a) the smell removal press, which was used by the Defendant, carried the smell removal press with F F police officers; (b) continuing to see F’s external booms by hand; and (c) taking F’s breath as his hand and her hand.

As a result, the defendant did not comply with a police officer's request for alcohol testing without any justifiable reason, and obstructed the police officer's legitimate execution of duties concerning the handling of 112 reports and the control of drinking drivers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Application of Acts and subordinate statutes on the list of reported cases, such as investigation reports (Attachment of CCTV images at the scene of occurrence), and 112;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with labor for each crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant was driving under influence of alcohol for the reason of sentencing under Article 62(1) of the Criminal Act;

Even if there are reasonable grounds to determine the person, not only the police officer's refusal to comply with the request for measurement of drinking, but also the police officer's assault is not good.

However, the defendant's mistake is late.