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 June 29, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as smelling and smelling red light on the face, while driving a motor vehicle under the influence of alcohol on the front of Gangseo-gu Seoul Metropolitan Government D on the front of the D on June 29, 2018.

For about 15 minutes, there have been considerable reasons to determine the person, which was demanded to respond to the measurement of drinking by inserting three times the whole in part.

Nevertheless, the Defendant avoided a breath of a drinking measuring instrument in a manner that does not put the breath in his/her hand and properly, and did not comply with a police officer’s request for a drinking test without justifiable grounds.

2. 공무집행 방해 피고인은 제 1 항 기재 일시, 장소에서 일제 음주 단속 근무를 하고 있는 서울 강서 경찰서 F 계 소속 경장 G로부터 음주 측정을 요구 받자, 피해자에게 “ 또라이인가, 깜짝 놀랐네,

In this context, three persons assaulted by “Is to go to go to the full part of G with the left part of G, and by hand, G’s chest part once.”

As a result, the defendant interfered with legitimate execution of duties of police officers on the drinking control.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Report on the circumstances of driving under the liquor:

1. Investigation report (report on the situation of the driver in charge); and

1. Application of the Act and subordinate statutes to investigative reports (Attachment of control video CDs), and to photographic and control video CDs by capturing a control video;

1. Relevant Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 2 and 44 (2) of the same Act (the point of refusing to measure drinking), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), and the choice of imprisonment with labor for each 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The circumstances leading up to the crime of sentencing under Article 62-2 of the Criminal Code of the community service order.