A defendant shall be punished by imprisonment for not more than ten months.

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

1. On December 29, 2014, the Defendant was required to respond to the measurement of drinking alcohol by inserting alcohol into a drinking measuring instrument three times from 01:00 to 01:48 on the same day, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling, smelling, drinking, and drinking, from G located in the F Zone at the resident police station where he was dispatched after receiving a 112 report while driving a eM525-V car in front of the D on the road at the time of residing at around 00:48.

Nevertheless, the defendant refused this and did not comply with a police officer's request for a drinking test without justifiable grounds.

2. 특정범죄가중처벌등에관한법률위반(보복상해등) 피고인은 2014. 12. 29. 00:52경 상주시 D 앞 도로에서 위 승용차를 운전하던 중 피해자 H(48세) 소유인 I 포터슈퍼캡 냉동탑차를 들이받고 이를 목격한 피해자가 112에 신고하자 앙심을 품고 피해자에게 “야, 씹할 놈아, 닭똥 냄새난다, 새끼야”라고 하면서 주먹으로 피해자의 얼굴을 4~5회 가량 때리고 멱살을 잡아 피해자의 차량 쪽으로 밀쳐서 넘어뜨린 후 발로 피해자의 옆구리를 1회 차는 등 피해자에게 치료 기간을 알 수 없는 두피의 표재성 손상 등의 상해를 가하였다.

Accordingly, the defendant injured the victim for the purpose of retaliation against the reporting of his criminal case.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to H and J by the police;

1. Reports on the occurrence of traffic accidents, certificates of notification of non-compliance with the measurement of drinking, reports on the state of drinking drivers, reports on detection of drinking drivers, and reports on traffic accidents;

1. Investigation report (the No. 12, 21 of the evidence list);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing field inspection photographs;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;