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

Around 02:00 on February 23, 2020, the Defendant: (a) received a 112 report from the police officers belonging to the Yangsan Police Station D commander of the Yangsan Police Station called up after having received a suspicion of the Defendant’s drinking operation on the street in front of the C factory located in Yangsan-si; (b) refused to take a drinking test; (c) was arrested as a flagrant offender committing a violation of the Road Traffic Act (refising to take a drinking test); and (d) was arrested as a flagrant offender under the suspicion of the violation of the Road Traffic Act (refising to take a 4-lane at Yangsan-si; and (d) committed assault before the Yangsan Police Station located in Yangsan-si 8.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest and performance of police officers' flagrant offenders.

On February 22, 2020, the Defendant was required to respond to a drinking test by inserting alcohol in a manner of inserting alcohol in a drinking measuring instrument three minutes for about six minutes, on the grounds that there are reasonable grounds to recognize that the Defendant driven under the influence of alcohol, such as drinking alcohol, smelling, and putting the alcohol on the face, while driving the FST5 vehicle at the entrance of a fish tunnel, which is located in the blish 1-gil 3 of pak-si on February 23, 2020.

그럼에도 피고인은 위 측정기에 바람을 넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정요구에 응하지 아니하였다.

Summary of Evidence

"200 Highest 1134"

1. Defendant's legal statement;

1. Statement to E by the police;

1. A course photograph of a closure and CCTV CD "2020 Highest 1545";

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Application of field photographs, c. 1 statute

1. Relevant Articles of the Act and Articles 148-2(2) and 44(2) of the Road Traffic Act, Article 136(1) of the Criminal Act, and Article 136(1) of the same Act concerning the crime, the choice of punishment for the crime, and the choice of imprisonment, respectively.