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A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On August 25, 2018, while under the influence of alcohol, the Defendant received a 112 report from the D in front of Ulsan-gu, Ulsan-gu, on August 14:10, 2018, stating that “A vehicle driven a sprink and was involved in an accident,” and received a request for a measurement of alcohol for about 20 minutes on several occasions from the Defendant, on the grounds that there are reasonable grounds to recognize that the Defendant driven a vehicle under the influence of alcohol, such as smelling, smelling, and sprinking on face, while driving the vehicle B in the influence of alcohol.”
그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하고, 음주 측정을 거부하며 현장을 이탈하려고 하는 등 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.
2. On the ground that the Defendant received a demand for alcohol measurement as stated in paragraph (1) at the time and place of the performance of official duties, the Defendant committed assault by assaulting the Defendant’s body F, on one occasion, with the body of the police officer belonging to the Ulsan Central Police Station E zone, Ulsan Central Police Station E zone, and twice the bridges of G, a police officer belonging to the same earth group, on one occasion.
Accordingly, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of the 112 reported case and the crackdown on drinking driving.
Summary of Evidence
1. Defendant's legal statement;
1. Each protocol concerning the examination of the accused by the prosecution;
1. Each police statement related to H and G;
1. Application of Acts and subordinate statutes to report on the circumstantial statements and investigation report of a host driver;
1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the facts constituting an offense, and Article 136 (1) of the Criminal Act;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. Sentencing Article 62-2 of the Criminal Code of the Social Service Order.