A defendant shall be punished by imprisonment for not less than eight 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 November 24, 2016, from around 18:05 to around 18:25 of the same day, the Defendant driven under the influence of alcohol by driving a Category B-D car on the road front of the Saemaul Undong National Treasury located on the 826 side, which was parked, while driving a CM7 car on the road in front of the Saemaul Undong National Treasury located on the 826 side, and driving under the influence of alcohol, such as smelling alcohol to the Defendant from the head of the police station affiliated with the boundary of the Incheon Southern National Police Station D, which called to the site, and setting a red light on the face.

There was a reasonable reason to determine a person, and it was demanded to respond to the measurement of drinking by inserting the breath in three times between about 20 minutes.

Nevertheless, the defendant avoided this and did not comply with a police officer's request for a measurement of drinking without justifiable grounds.

2. On November 24, 2016, the Defendant who obstructed the performance of official duties, refused to measure alcohol on the road front of the Saemaul Undong, which is located in the 826-way, Nam-gu, Incheon, Nam-gu, Incheon, and thereby refused to measure alcohol from the head of the police station D belonging to the Incheon Nam-gu, Incheon.

As a food that has been notified of “I,” assaulted on one occasion the left side of E at the time.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

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 to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be considered as favorable to the Supreme Court);

1. Reasons for sentencing under Article 62-2(1) of the Criminal Act, Article 59 of the Act on the Protection, Observation, etc. of the said Act (the scope of recommended punishment).