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A defendant shall be punished by imprisonment for not less than one year and six months.
except that the above sentence shall be executed for a period of two years and six months from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
[criminal power] On December 21, 2012, the Defendant was issued a summary order of KRW 3 million at the Suwon District Court’s Eunpyeong Housing Site as a crime of violation of the Road Traffic Act.
【Criminal Facts】
1. On November 2, 2019, around 00:45, the Defendant driven a E-te-te-te-te-te-te-te-car vehicle in the nearby packing Ba-si, 00:5, while drinking alcohol and drinking alcohol on the front road in Pyeongtaek-si, the Defendant 112 reported that the said vehicle is suspected of drinking alcohol, and was contacted by the police officers belonging to the Gasan Police Station, who concealed the Defendant’s vehicle, and attempted to leave the place to check the Defendant’s drinking alcohol by using a drinking reduction device, and attempted to use G-gu Police Station F of the Pyeongtaek-si Police Station called the Defendant’s drinking alcohol reduction device to take advantage of the Defendant’s drinking alcohol reduction device, and assaulted G with it once by breaking the left side of the G-gu left side.
Accordingly, the defendant interfered with the legitimate performance of duties by police officers.
2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was arrested as a flagrant offender committing an obstruction of performance of official duties as above, and was transferred to the I Public Security Center office located in Pyeongtaek-si H on November 2, 2019, and police officers belonging to Pyeongtaek-si J from Pyeongtaek-siF designated the Defendant as a driver, and requested the Defendant to comply with a drinking test by inserting alcohol for about 25 minutes in a manner of injecting alcohol, such as smelling, smelling, gaing, etc.
Nevertheless, the Defendant refused to take a test while taking a bath and failed to comply with a police officer’s demand for taking a drinking test without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement about G, K, and L;
1. Written Statement;
1. In cases of internal investigation reports (e.g., details of arrest), handling records of 112 reported cases, investigation reports (report on the circumstances) and host drivers;