A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On March 17, 2018, the Defendant was driven under the influence of alcohol by the Defendant from the slope D belonging to the Hancheon Police Station Cption of the Yancheon Police Station, where he was under the influence of alcohol by drinking alcohol to the point prior to 100 meters of the rest area of the Yancheon-si, Yancheon-si, Yancheon-si, Yancheon-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si, Yan-si.

Due to reasonable grounds, it was demanded to respond to the measurement of drinking on three occasions each time at around 00:30, around 00:35, and around 00:40, respectively.

Nevertheless, the defendant did not take a bath to the above police officer, and did not comply with the police officer's demand for drinking without any justifiable reason.

2. 공무집행 방해 피고인은 위와 같은 일시ㆍ장소에서 음주 측정을 거부하면서 음주 측정을 요구하는 D에게 욕설을 하며 발로 D의 왼쪽 허벅지를 1회 찼다.

Accordingly, the defendant interfered with legitimate execution of duties concerning the measurement of drinking alcohol by police officers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Investigation report (report on the situation of the driver in charge) and notification of the results of regulating drinking driving;

1. Each report on internal investigation:

1. Application of each statute on photographs;

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, the main sentence of Article 38 (1) 2, and Article 50 of the same Act for the increase of concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. On the grounds of sentencing under the main sentence of Article 62(1) of the Criminal Act, the following circumstances and the Defendant’s age, family environment, motive and background of the crime, degree of violence, degree of interference with official duties performed by the police officer, and after committing the crime.