A defendant shall be punished by imprisonment for six 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. A special injury [2016 Highest 1048] Around 01:00 on February 5, 2016, the Defendant carried out 1.2 cm (hereinafter “Ecar”) at the “Ecar” operated by the victim D (the age of 37) in Mayang-si, on the ground that the Defendant was shouldered by the victim who was under the influence of drinking alcohol, and caused two beer disease, which is a dangerous thing at his/her own hand, by sticking the victim’s knife to his/her knife, and having the victim wear 1.2 cm down below the right direction of the victim.

In this respect, the defendant carried dangerous things with the victim, who is in need of treatment for about two weeks, was in the heart of the face of the victim.

2. On June 29, 2016, the Defendant received a report of a traffic accident that occurred in front of G in 23:49 on June 29, 2016, the Defendant was demanded to comply with the alcohol alcohol measurement by making water to be in his/her place in his/her arms while under the influence of alcohol, such as the flow of smell at the Defendant’s entrance, smelling at the H district unit of the net Police Station H district of the Hacheon-gu, which was called out after having been reported of a traffic accident that occurred in front of G in 2016 at 23:49 on June 29, 2016.

그럼에도 불구하고 피고인은 음주측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D or K by the police;

1. Damage photographs;

1. A written diagnosis of injury;

1. Refusal of measuring alcoholic beverages;

1. Application of Acts and subordinate statutes concerning refusal to measure drinking;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), 148-2 (1) 2, and 44 (2) (a point of refusing to measure noise and choice of imprisonment) of the Criminal Act concerning the crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 of the Criminal Act: