A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Punishment of the crime

1. On June 26, 2018, the Defendant driven a motor vehicle under the influence of alcohol on the front side of D in Gangseo-si, Gangnam-si, the alcohol concentration of which is under the influence of alcohol, while driving a motor vehicle under the influence of under the influence of alcohol concentration in the blood on the side, and driving a motor vehicle under the influence of alcohol, such as pressinging the motor vehicle on the roadside, driving a motor vehicle under the influence of alcohol, driving a motor vehicle under the influence of alcohol, driving a motor vehicle under the influence of alcohol, driving a motor vehicle under the influence of alcohol.

The measurement of drinking without good cause was refused by means of not sufficiently breathizing the breath of the measuring instrument despite the request for verification of personal information and the measurement of drinking for four times from H, which was dispatched to the scene due to considerable reasons.

2. The Defendant refused to measure alcohol at the above date, time, and place, and obstructed the police officer’s legitimate execution of his duties concerning the handling of the report case, with a view to getting the chest of a slope G (36 Do) on a drinking occasion, and driving the chest of a slope G (36 Dose) on a single occasion. The Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the report case, with the wheels of the police officer, who was to hand the right side of H(28 Dose) as his hand.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to G and H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to reports on the detection of drivers engaged in driving and the statement of the circumstances of drivers engaged in driving;

1. Article 148-2 (1) 2 and Article 44-2 (2) of the Road Traffic Act concerning facts constituting an offense, and Article 136 (1) of the Criminal Act (the act of obstructing the performance of official duties);

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of imprisonment with prison labor chosen;

1. The former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act [the lowest shall be the crimes specified in the crimes of violation of traffic laws on roads (or refusal of drinking), the punishment of which is applicable];

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (Consideration of the fact that there is no criminal history punished for driving under drinking);