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

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

Punishment of the crime

1. On January 13, 2017, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling alcohol to the Defendant from a slope D belonging to the District 1 Team of the Seocheon-won Police Station CW 1 Team of the Seocheon-gu Seoul Special Metropolitan City Police Station, while drinking alcohol on the road front of the village distance of 158, Seocheon-si, Seocheon-si, 2017, when he/she driven a two-way motor vehicle under the influence of alcohol.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 30 minutes into a drinking measuring instrument.

그럼에도 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. On January 13, 2017, at around 23:40, the Defendant: (a) obstructed the performance of official duties; (b) refused to comply with the demand for a slope drinking measurement by a slope D belonging to the House 1 Team of the Seocheon-won Police Station C District patrol in the Seocheon-gu Police Station; and (c) attempted to assault the Defendant who reported the Defendant as a drinking driver; and (d) subsequently, the police officer D expressed his intent by a large voice; and (c) assaulted the police officer D by taking the arms of the police officer; and (d) pushing him of the chest.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the maintenance of public safety and order.

Summary of Evidence

1. Statement by the defendant in court;

1. Some statements made in the police interrogation protocol concerning E;

1. Statement made by the police against D;

1. A written statement of F and G;

1. Reports and investigation reports (Investigation of cellphone images);

1. Report on the circumstances of driving a drinking alcohol, the ledger for measuring instruments using drinking alcohol, and notification of the results of regulating driving of drinking alcohol;

1. Application of Acts and subordinate statutes to photographs which refuse to measure drinking;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the 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. Article 53 of the Criminal Act for mitigation of amount;