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. Around 15:30 on October 17, 2013, the Defendant was required to respond to a drinking test by inserting a drinking gauge into a drinking-free measuring instrument for about 20 minutes, on the road in front of 304-1, 204-1, and while driving a D1 ton of freight under drinking on the road in front of 304-1, 201, the Defendant was required from F in the circumstances where the Gwangju Northern Police Station E-district was affiliated with the Gwangju Northern Police Station E-gu, and due to reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling alcohol and smoking on the face.

Nevertheless, the Defendant was the Decree of the Marine Corps since the 80s, and the drinking driving has not been achieved twice or more, and the Defendant did not comply with a police officer’s request for a drinking test without justifiable grounds by avoiding a drinking alcohol measurement.

2. 공무집행방해 피고인은 2013. 10. 17. 15:55경 위 장소에서 위 경위 F로부터 위와 같은 이유로 음주측정에 응할 것을 요구 받자 화가 나, “야 이 개새끼들아 씹 보지야 측정 못하겠다. 개자식들아.”라고 말하며 손으로 위 F의 우측 팔 및 왼뺨, 옆구리 등을 밀치는 등 폭행하였다.

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

Summary of Evidence

1. Each legal statement of witness F, G, H and I;

1. Report on detection of a drinking driver, report on the circumstances of a drinking driver, investigation report (in respect of refusal of measurement and arrest process), and investigation report (in respect of measuring instruments, etc. related to refusal of measurement);

1. Damage and on-site photographs;

1. Application of the laws and regulations to this Court as a result of the verification of video CDs (booms in patrol vehicles) by this Court

1. Relevant laws concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a failure to comply with the direction of noise), Article 136 (1) of the Criminal 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. Article 53 of the Criminal Act for discretionary mitigation.