A defendant shall be punished by imprisonment for not less than eight 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 October 31, 2017, the Defendant was driven under the influence of alcohol by the Defendant, under the influence of alcohol, in the influence of alcohol on the front of “C” located in the Southern-gu Incheon Metropolitan City, Incheon, by drinking alcohol on the road before and after having been reported to 112 while diving at the signal signal, from the background F, etc. of the position of the Incheon Southern Police Station E District Unit of the Incheon Southern Police Station, which was called out after being reported to 112.

인 정할 만한 상당한 이유가 있어 약 45 분간에 걸쳐 음주측정기에 입김을 불어 넣는 방법으로 음주 측정에 응할 것을 요구 받았으나 음주측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하고, 계속하여 혈액 채취를 요청하면서도 위 경찰관들에게 시비하며 혈액 채취를 위한 동행에 응하지 아니하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

2. The Defendant interfered with the performance of official duties was assaulted by the police officers, such as G, etc., who were dispatched at the same place as indicated in paragraph (1) at around 03:03 on the same day as indicated in paragraph (1), including G, etc., belonging to the Southern Police Station E District of Incheon Southern Police Station, which called “the police officer would have become a police officer because he/she would go against his/her will,” and assaulted by his/her hand during the time when he/she had taken time with the above police officers.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the control of drinking alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes of a traffic control report and a statement report on the situation of a driver placed in driving;

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 concerning criminal facts;

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 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. The Criminal Act, the suspension of execution;