A defendant shall be punished by imprisonment for not more than ten 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 July 30, 2016, the Defendant violated the Road Traffic Act (refluence of alcohol measurement) was driven under the influence of alcohol, such as the detection of a police officer under drinking control while driving a DNA driver car on the front of the “C gas station” at the window B at Changwon-si, Changwon-si, while drinking alcohol, and getting off from the driver’s seat and getting out of the driver’s seat, and the Defendant sneeped, sniffed, taken face from the slopeF belonging to the E Assistant Police Station at the Changwon-gu, Changwon-won, and getting out of the vehicle, and driving under the influence of alcohol.

Even though there are reasonable grounds to determine a person, he/she was requested to comply with the measurement of drinking by inserting the whole part of a drinking measuring instrument over about 30 minutes, he/she did not comply with a police officer's request for the measurement of drinking without justifiable grounds.

2. On July 30, 2016, the Defendant obstructed the performance of official duties by assaulting the police officer’s legitimate performance of duties concerning the prevention, suppression, investigation, etc. of the crime by assaulting the police officer, such as: (a) the police officer G, who belongs to the said police station, requesting him/her to leave the patrol car from the patrol car; and (b) the G was able to unfold the seat towards the rear seat of the patrol car; and (c) the G was able to open the locked seat of G’s hand, etc. at ten times.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Notification of the result of regulating driving of drinking alcohol (Refusal of measurement);

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

1. Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 148-2 (1) 2, and Article 44 (2) of the Road Traffic Act concerning facts constituting an offense (the point of refusing the measurement of drinking alcohol);

1. Selection of each sentence of imprisonment;

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 suspended execution;

1. The details and method of the crime of sentencing under Article 62-2 of the Criminal Act, the criminal history, and the violation of the order to attend school.