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 became final and conclusive.

Punishment of the crime

1. On July 28, 2016, the Defendant: (a) committed an assault on the right side side of the face of the said F in one-time on July 28, 2016, on the following occasions: (b) within the police box of the Macheon Police Station D, which is located in Macheon-si C; (c) the police box of the Macheon Police Station, which received a report on a drunk driving and received a request from F to take a alcohol test by the police officer of the police box affiliated with the police box of the Macheon Police Station, who was called “I wish to take the fla

As a result, the defendant interfered with legitimate execution of duties concerning a police officer's request for alcohol measurement.

2. Violation of the Road Traffic Act (Refusal of Drinking Measures) was demanded by the Defendant to respond to the measurement of drinking in a manner of inserting the breath on three minutes on the face of the H pharmacy located in G at the same time, on the grounds that there are reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as smelling and smelling on the face of the 20 minutes after receiving a report from the JJ while driving I BBB125 Huba in front of the H pharmacy located in G at the same time.

Nevertheless, the defendant avoided this and did not comply with the police officer's request for a drinking test without any justifiable reason.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of F and K;

1. Report on the actual state of driving under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, investigation report, copy of the ledger of use of a measuring instrument for drinking alcohol, report on the use of police gear, and investigation report

1. Application of the Acts and subordinate statutes to damaged parts and pictures and video CDs taken at the scene of the incident;

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

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

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act ( considered in favor of the following circumstances):

1. Article 62(1) of the Criminal Act: