A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, injury and interference with the performance of official duties on March 20, 2015.

Punishment of the crime

On March 20, 2015, at around 00:05, the Defendant driven a D cafeteria located in the Dong-gu Busan Metropolitan City on March 20, 2015, under the influence of alcohol, such as drinking alcohol and drinking alcohol from about 10 meters to the F Mart in the Dong-gu Busan Metropolitan City, while driving a G L-car in the state of drinking at about 10 meters.

Due to reasonable grounds, there was a demand for responding to the measurement of drinking by inserting approximately 20 minutes into a drinking measuring instrument.

Nevertheless, the Defendant refused to take a drinking test, and assaulted the sway I’s police uniform hand, swaying the arms, entering the arms, etc.

Accordingly, the defendant did not comply with a police officer's request for a measurement of drinking without any justifiable reason and obstructed the police officer's legitimate execution of duties concerning the crackdown on drinking driving.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Each police statement made to I and J;

1. Report on the circumstances of the primary driver and report on the detection of the primary driver;

1. Each investigation report [The defendant alleged that he did not use violence against police officers, but according to the evidence duly adopted and investigated by this court, it is recognized that the defendant committed violence against police officers and obstructed execution of duties as stated in the judgment of the court].

Application of Statutes

1. Relevant legal provisions and Articles 148-2 (1) 2 and 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, the choice of imprisonment with prison labor for each of the following reasons: Article 136 (1) of the Criminal Act; Article 136 of the Criminal Act;

1. The Defendant, on the grounds of sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2, and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes, repeats the crime of obstructing the performance of official duties, and, in particular, was sentenced to suspended sentence by obstructing the performance of official duties in 2011 (the former case and the nature of obstructing the performance of official duties are different), the Defendant refuses to measure drinking.