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A defendant shall be punished by imprisonment for not more than ten months.
Reasons
Punishment of the crime
1. Around 02:10 on March 13, 2015, the Defendant violated the Road Traffic Act (refluence of the measurement) driving a DNA high-speed car while under the influence of alcohol in front of Seongbuk-gu Seoul, Seongbuk-gu Seoul.
On March 13, 2015, the Defendant received a report on a drunk driving due to reasonable grounds to recognize that he was driven while under the influence of alcohol, such as string, face, red, and smelling, and received a report on a drunk driving, and rejected a request for a alcohol alcohol measurement on three occasions from around 02:27 to March 13, 2015 from E in the Seoul Seongbuk Police Station and from around 03:07 on March 13, 2015.
As a result, the Defendant did not comply with the demand of police officials E for a alcohol test without any justifiable reason.
2. On March 13, 2015, the Defendant, at around 02:50 on March 13, 2015, received a report on drunk driving in front of Seongbuk-gu Seoul, Seongbuk-gu, and received a alcohol test as prescribed in paragraph (1) from the Seoul Seongbuk Northern Police Station and the traffic situation E in front of Seongbuk-gu, and received the above E face by putting the above E in good hand and scam.
As a result, the Defendant interfered with the legitimate execution of duties of police officers E on the crackdown on drinking driving of police officers, and at the same time, the Defendant inflicted an injury on the victim E on an external escape that requires approximately 45 days medical treatment.
Summary of Evidence
1. Defendant's legal statement;
1. Statement to E by the police;
1. A report on the actual state of the driver;
1. Report on the status of the driver;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act concerning the crime, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;
1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;
1. Selection of each sentence of imprisonment;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Reasons for sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation [the scope of recommending punishment for injury].