Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. On February 14, 2015, at around 23:10, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking), there are reasonable grounds to recognize that he was driving of HMW car under the influence of alcohol, such as drinking at the face of the road in front of 2013 in the south-gu Seoul Southern-ro, Seocho-gu, Seoul, and smelling in the entrance, etc., and accordingly, the Defendant did not comply with the demand for the measurement of drinking on five occasions from 23:36 to 23:48 of the same day by receiving a demand for the measurement of drinking on five occasions from 23:36 to 23:48 of the same day.

Accordingly, the defendant did not comply with the sobreath test of a police officer as a person who has a considerable reason to recognize that he is under the influence of alcohol.

2. 공무집행방해 피고인은 2015. 2. 14. 23:50경 위 제1항과 같은 장소에서 피고인에 대한 음주측정 과정을 채증하기 위해 ‘PDA(경찰조회용 휴대폰)’로 촬영하던 서울 방배경찰서 방범순찰대 소속 의경 J(21세)에게 “찍는 것 내놔봐”라고 소리치며 손으로 ‘PDA' 폰을 잡고 있던 위 J의 팔을 내리쳐 촬영 중이던 ’PDA‘폰을 떨어뜨리게 하고 계속하여 수회에 걸쳐 J을 밀어내는 등 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the crackdown on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Some statements made to J in the police statement;

1. PDA photographic photographs of criminal motion pictures;

1. Shographic documentary photographs;

1. Application of the PDA and cell phone image storage CD-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act and Article 136 (1) of the Criminal Act concerning criminal facts;

1. The Defendant who choose each of the selective fines for punishment has no criminal records.

피고인은 음주운전으로 단속된 후 음주측정기에 숨을 내쉬는 시늉만 하여 음주측정을 회피하던 중 이 사건 공무집행방해 범행에 이르게...