A defendant shall be punished by imprisonment for two years.

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

Punishment of the crime

[Criminal Power] On February 23, 2016, the Defendant was issued a summary order of a fine of four million won at the Busan District Court for a violation of the Road Traffic Act.

【Criminal Facts】

1. Violation of the Road Traffic Act (Refusal of the measurement) on August 14, 2020, the Defendant, at a restaurant where the trade name in Gangseo-gu Busan is unknown on August 14, 2020, was parked on the front side of the same Gu D apartment after drinking alcohol at the restaurant where the trade name in Gangseo-gu Busan is unknown.

After that, the Defendant did not comply with the request for a drinking test on the ground that there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking, and smelling, by a slope F belonging to the Busan Gangseo Police Station Eth of the Busan Gangseo Police Station, who was dispatched to the scene after receiving a report of a traffic accident for drinking at around 01:24 on the same day, the Defendant did not comply with the request without justifiable grounds, such as attempting to leave the scene on the ground that he was required for a drinking test while driving under the influence

As a result, the Defendant violated the prohibition of drinking driving or the prohibition of refusal to measure drinking more than twice.

2. When the Defendant denied drinking and driving at the same time and place as the preceding paragraph, and attempted to leave the scene while arresting a flagrant offender to H and security guards I of the Busan Gangseo Police Station G police box who called to the scene, the Defendant resisted him to the police officer of the Busan Gangseo Police Station, and the Defendant resisted him as his chest while resisting the scene.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases and the crackdown on drinking driving.

Summary of Evidence

1. The report on the circumstances of the police officer's written statement concerning I of the defendant's legal statement;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, references to criminal records, amounts of dispositions, results of confirmation, and reporting;

1. Article 148-2 (1), Article 44 (2) and (1) of the Road Traffic Act (a point of refusal of the measurement of noise), Article 136 of the Criminal Act concerning the crime;