A defendant shall be punished by imprisonment for six months.

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 July 26, 2016, the Defendant violated the Road Traffic Act (refluoring to take a drinking level), the Defendant was required to take a drinking test three times from that time until 00:26 of the same day because there exist reasonable grounds to recognize that he/she was driving under the influence of alcohol, such as the face color of the police officer E belonging to the Gyeonggi-do Police Station D, when driving a small-scale cargo vehicle in front of the Gyeonggi-do, with a half of one disease in front of the Jeju-do, and with a half of one disease in front of the Jeju-do, while driving a small-scale cargo vehicle in C, and he/she did not comply

2. The Defendant requested alcohol measurement at the above date, time, and place in the obstruction of performance of official duties as seen above, and deemed that “as seen above,” the said police officer did not enter this, the Defendant obstructed the police officer’s legitimate performance of duties concerning the prevention and investigation of the crime, the public peace and order maintenance, by putting the left chest part of the police officer’s troke, on 2 to 3 occasions by hand, and putting the bitle of the patrol police officer’s hand, thereby obstructing the police officer’s duty.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A E-document;

1. Statement on the circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports ( refused to measure and use equipments);

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act (Selection of Imprisonment);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. The reason for the sentencing of Article 62(1) of the Criminal Act on the suspended sentence [Scope of Recommendation] Article 62(1) of the Act on the Suspension of Performance of Official Duties and the statutory punishment for the violation of the Road Traffic Act (Refusal of Drinking Measures) in the basic area ( June-1 and April): one year-3 [Pronouncement Decision] although the defendant had a record of punishment for a fine of 70,000 won due to a drunk driving in 207, he/she refused to measure alcohol at once, and he/she is dissatisfied with the measurement of drinking alcohol.