A defendant shall be punished by imprisonment for not less than eight 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. On November 20, 2016, the Defendant, at around 22:30, driven a E-Ba motor vehicle at the distance of approximately 8.7 km from the D police box located in the Southern Navy C without a driver’s license to the front day of the 322km of the same military Masan-ro 322.

2. 공무집행방해 피고인은 2016. 11. 20. 22:45경 전남 해남군 마산면 산이로 322에 있는 육일시 사거리 앞 도로에서 술에 취해 차량 밖으로 나와 도로를 배회하던 중 그곳을 순찰하던 해남경찰서 D파출소 소속 경위 F으로부터 음주측정을 요구받자 이에 불응하면서 위 F의 멱살을 잡고 2∽3회 흔들며 “씨발놈들아 느그 알아서 해라.”라고 말하였다.

Accordingly, the defendant interfered with the legitimate execution of police officers' duties in relation to the prevention, suppression and investigation of crimes.

3. Violation of the Road Traffic Act (Refusal of measurement) on November 20, 2016, the Defendant, at around 23:10, failed to comply with a police officer’s demand for measurement of alcohol without justifiable grounds, despite having reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as drinking and smelling by a slope I belonging to the Navy Police Station at the Hannam-gun Police Station at around 23:10, inasmuch as there exist reasonable grounds to believe that the Defendant was driving under the influence of alcohol, such as drinking and snowing, on the part of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the police officer of the F (victim-police officer);

1. A written statement of the I;

1. The ledger of driver's licenses;

1. The circumstantial report of an employee;

1. Related photographs and Doum guidance (the date, time, distance, restaurant in a police box);

1. Application of each statute of control manual;

1. Relevant legal provisions concerning the crime, subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 of the Road Traffic Act, and Article 44 (2) of the Road Traffic Act, the choice of imprisonment for each of the types of punishment;

1. Article 37 of the Criminal Code among concurrent crimes.