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.

Punishment of the crime

1. On October 7, 2018, the Defendant violated the Road Traffic Act (e.g., refusal of measurement) around 06:23, 2018, the Defendant left the lane while driving the C Poter Cargo Vehicles owned by the Defendant while under the influence of alcohol and fell down on the right side of the lane.

피고인은 교통사고발생 112신고를 받고 현장에 출동한 경기파주경찰서 D파출소 소속 경위 E로부터 피고인에게서 술 냄새가 나고 횡설수설하는 등 술에 취한 상태에서 운전하였다고 인정할 만한 상당한 이유가 있어 같은 날 7:00경 및 7:11경 2차례 음주측정기에 입김을 불어 넣는 방법으로 음주측정에 응할 것을 요구받았으나 이를 거부하면서 양 손바닥으로 위 E의 머리를 손뼉치듯 세게 때려 폭행하였다.

Accordingly, the defendant was arrested as a flagrant offender under suspicion of obstruction of performance of official duties and was transferred to a police box in F in the event of strike, and the defendant was requested again to respond to a drinking test in the same manner as the above E at around 7:25 on the same day, but rejected it.

As a result, the defendant did not comply with a police officer's request for a alcohol test without justifiable reasons.

2. On October 7, 2018, the Defendant refused a request for alcohol alcohol measurement as described in the preceding paragraph from E during the Gyeonggi-Pacific Police Station D police box sent to the site after receiving a report of 112 traffic accidents, such as the stated in the preceding paragraph, and did not take a alcohol measuring instrument in both hands.

이에 위 E가 음주측정기를 피고인으로부터 회수하자, 피고인은 기분이 나쁘다는 이유로 갑자기 양 손바닥으로 위 E의 머리를 손뼉치듯 세게 때려 폭행하였다.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Report on the state of driving under the influence of alcohol and notification of the control of drinking driving;