Text
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. On January 6, 2013: (a) around 03:10, the Defendant: (b) obstructed the vehicles parked at the parking lot adjacent to the Cju-si, Seocho-si; (c) obstructed the lawful execution of official duties concerning the arrest of the police officer by walking at the right knee-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-con-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-con-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de-de
2. On January 6, 2013, the Defendant violated the Road Traffic Act (e.g., refusal to take a drinking level) (e., refusal of taking a drinking level) was required to comply with a drinking test by inserting a drinking measuring instrument for about 20 minutes from around 20:15 to around 04:15, inasmuch as there exist reasonable grounds to recognize that the Defendant driven the Defendant under the influence of alcohol, such as smelling, smelling, sniffing, sniffing, etc. from the slopeF belonging to the said district unit, at the office of the Gangwon-Speed Police Station E District Office at the Seocho-si (Seoul), the Defendant avoided it and failed to comply with a police officer’s demand for the
Summary of Evidence
1. Defendant's legal statement;
1. The prosecutor's statement concerning the F;
1. The police statement concerning G;
1. A report on detection of a host driver and a statement in the circumstances of the host driver;
1. Application of photographs refusing to measure alcohol, and Acts and subordinate statutes related to obstruction of performance of official duties;
1. Relevant Article 136(1) of the Criminal Act; Articles 148-2(1)2 and 44(2) of the Road Traffic Act; the choice of imprisonment for a crime;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Discretionary mitigations under Articles 53 and 55(1)3 of the Criminal Act;