A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. Around 02:50 on October 05, 2012, the Defendant: (a) parked on the side while driving a fluor C vehicle on the road at a point of 162.8 KK on the side while driving on his/her own white fluor C vehicle; and (b) was dispatched to the Defendant on the side after being reported to fluorcing on the side; (c) the Defendant her face and eye fluor E from the first side traffic of the Busan Regional Police Agency and the slope belonging to the D Zone D Zone for the Highway fluor; and (d) there are reasonable grounds to recognize that the Defendant driven a drinking alcohol, such as drinking smell, and thus, refused to take a drinking test without justifiable grounds, even though the Defendant was requested to take a drinking test and take blood collection on three minutes in total.

2. 피고인은 위 1항과 같은 일시경 금정구 F 소재 고속도록순찰대 D지구대 사무실에서 피해자인 경찰공무원 경사 E로부터 음주측정을 요구 받자, 정강이 부분을 발로 찬 후 얼굴을 향해 침을 뱉으며 “자! 이러면 너그들이 내를 때려야 된다 어이 돼지야! 이리와 봐라 재미있잖아 너그들은 개좃도 아니다”라며 교통사고반 사무실 내 비치되어 있던 책상과 컴퓨터 등 집기류를 발로 차는 등으로 약 30분간에 걸쳐 폭행 및 욕설을 하며 경찰관의 음주단속에 관한 정당한 공무집행을 방해 한 것이다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. On-site photographs;

1. Notification of the results of drinking driving control, and application of statutes;

1. Relevant statutory provisions concerning the crime, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of fines for negligence;

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 for the reason of sentencing under Article 62-2 of the Criminal Act regarding orders to provide community service and attend lectures shall be punished by a fine of two million won for the crime of violating the Road Traffic Act on 2004.