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A defendant shall be punished by imprisonment for not less than eight months.
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. At around 03:20 on March 27, 2019, the Defendant interfered with the performance of official duties by assaulting the police officer’s legitimate performance of official duties concerning drinking control by assaulting the D police station in Seongbuk-gu, Seoul, upon receiving a report that the Defendant was suspected of drinking on the street in front of the “C” located in Seongbuk-gu Seoul, and by committing an act of assaulting the D and its affiliated slope, to check whether drinking is drinking by drinking so as to reduce drinking. The left side of the instant E, cutting the bridge, and then cutting the bridge, the face of the D police station in Seongbuk-gu, the police station in receipt of the request for support, and the border F of its affiliated border, which were called up two times in his/her hand, and walking the buckbucks.
2. Violation of the Road Traffic Act (Refusal of measurement) receives a request three times to respond to a breath test by inserting the whole breath of alcohol in a breathing method, such as the date and time specified in paragraph (1) of this Article, and on the place specified in paragraph (1) of this Article, where there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from the above slope E, and making a breathroping,
Summary of Evidence
1. Defendant's legal statement;
1. Each police statement of E and F;
1. Application of Acts and subordinate statutes to investigation reports, investigation reports (report on the circumstances of a host driver), and criminal investigation reports;
1. Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act concerning the facts constituting an offense;
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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. Article 62 (1) of the Criminal Act;
1. The defendant, on the grounds of sentencing in Article 62-2 of the Criminal Act, committed each of the crimes of this case where police officers refuse to comply with the measurement of drinking by police officers, while assaulting police officers performing legitimate duties.