A defendant shall be punished by imprisonment for six months.

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

Punishment of the crime

1. On January 1, 2017, the Defendant: (a) driven a motor vehicle at the street in front of Chuncheon B on January 12:27, 2017; and (b) driven a motor vehicle under the influence of alcohol, such as drinking and smelling red on the face of the Defendant, from the victim E (3) belonging to the D Zone called to handle the occurrence of a drilling accident with another vehicle.

Since there are reasonable grounds to determine a person, he/she committed assault, such as franchising franchising, etc., and interfered with the legitimate execution of duties of police officers to regulate traffic and prevent traffic hazards.

2. On the same day, the Defendant was demanded to respond to the measurement of drinking alcohol by inserting the breath of the Chuncheon Police Station D District of the Chuncheon Police Station located in Chuncheon F,00 on the same day, and by inserting the 20 minutes in a breath of the said E.

그럼에도 피고인은 음주 측정기에 입김을 불어 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Each statement of G and H;

1. Photographs refusing to measure drinking;

1. A report on the detection of a primary driver;

1. Application of Acts and subordinate statutes to investigation reports (related to hours of drinking measurement);

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55(1)3 of the Criminal Act (Article 53 and 55(1)3 of the Criminal Act (each of the following favorable sentencing factors):

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The crime of this case on the grounds of sentencing Article 62-2 of the Criminal Act requires a police officer to perform his/her legitimate official duties, when the defendant refused to perform his/her duty, and instead, he/she exercised violence against the police officer and refuses to measure drinking.