A defendant shall be punished by imprisonment for one year.

except that 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 January 27, 2019, the Defendant violated the Road Traffic Act (Refusal of measurement of drinking level) by receiving a report of 112 from the head of the Seoul Geumcheon Police Station C District Ra, the Seoul Geumcheon-gu Seoul Geumcheon-gu Seoul, on the ground that there is a considerable reason to recognize the Defendant to have driven a motor vehicle under the influence of alcohol at least three times on the ground that he/she had a considerable reason to recognize that the Defendant driven a motor vehicle under the influence of alcohol, but did not comply with the measurement of drinking level by a police officer without any justifiable reason.

2. The obstruction of performance of official duties, and the Defendant committed assault, such as, at the time and place mentioned in paragraph (1), that the police officer E belonging to the Seoul Geumcheon Police Station C District and the Defendant arrested the Defendant as a flagrant offender of the violation of the Road Traffic Act (refluence of the noise measurement), against the defect that the Defendant attempted to arrest the Defendant as a flagrant offender of the violation of the Road Traffic Act.

The Defendant continued to arrest the Defendant as a flagrant offender of the violation of the Road Traffic Act (refluence of measurement), and then inflicted bodily injury upon the victim NOS in need of approximately two weeks of medical treatment on the shoulderer’s hand, etc., belonging to the Seoul Geumcheon Police Station C District of Seoul Geumcheon Police Station, a police officer carrying the Defendant on the patrol vehicle.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police statement (E, F);

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, a drinking measurement report, and a medical certificate;

1. Article 148-2 (1) 2 and Article 44 (2) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor chosen;

1. Of concurrent crimes, the former part of Article 37 and Article 38(1)2 of the Criminal Act are applicable;