1. The defendant shall be punished by imprisonment for one year;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

3.

Punishment of the crime

1. On March 1, 2018, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) on the street in front of the C convenience store in Yangju-si, 01:20 on March 1, 2018, the Defendant determined that the Defendant’s suspicion of drinking is sufficient, taking into account the witness’s statement, field circumstances, etc., and requested the Defendant to conduct a measurement of drinking using a drinking measuring instrument, and refused to take a second measurement on the same ground. On the same day, the Defendant refused to take a second measurement on around 01:32 on the same day, but refused to take a third measurement of drinking by the police officer three times in total.

2. On March 01, 2018, at around 01:33, the Defendant obstructed the police officer’s legitimate performance of duties regarding suppression of and investigation into crimes by assaulting the Defendant at his/her own head when: (a) the Defendant was compelled to take a drinking test at the same place as indicated in the foregoing paragraph 1; (b) the left face part of the slope D’s slope of the relevant police box at each time; and (c) the said D demanded the Defendant to board the patrol vehicle after arresting the Defendant as the current offender; and (d) assaulting the Defendant to take the left part of the D’s face part of the police box at one time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A written statement of the G production;

1. Statement of the circumstances of the driver involved in driving;

1. The ledger using sobling measuring instruments;

1. A victim's photograph;

1. Application of Acts and subordinate statutes to photographic images;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Selection of each sentence of imprisonment;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the Criminal Act (limited to the aggravated punishment for concurrent crimes with the punishment determined by a obstruction of the execution of heavier official duties, but the lower limit of the punishment shall be the same as the punishment determined for the violation of Road Traffic Act) of the aggravated concurrent crimes;

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

1. The sentencing of Article 62-2 of the Criminal Act and Article 59 of the Act on the Observation, etc. of Protection, community service and lecture attendance order.