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. On November 8, 2015, the Defendant of the obstruction of performance of official duties: around 01:14, the Defendant expressed that, in order for the Defendant to check whether to drive under the influence of alcohol at his/her own residence, the police officer affiliated with the Dondo police box affiliated with the Dondo Police Station D police box, who was dispatched after receiving a report on a drunk driving, he/she accused the Defendant of his/her defect in order for him/her to check whether he/she drives under the influence of alcohol, he/she shall bring an accusation against him/her as a crime of intrusioning upon his/her house." The Defendant expressed his/her desire to read “Isk, Chewing, and hacks his/her house.” On his/her hand, the Defendant interfered with the legitimate performance of official duties by assault

2. On November 8, 2015, at around 02:25, the Defendant was arrested as a crime of obstruction of the performance of official duties at a Dondo police box located in F of the Chodonnam-gun on the ground that there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol, the Defendant was requested to comply with a drinking test by inserting the breath of a police officer, a police officer affiliated with the Dondo police box, for a total of three times, by inserting the breath of a drinking measuring instrument. However, the Defendant refused to measure the drinking of the police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and G;

1. The circumstantial report of an employee;

1. A photograph refusing to take a drinking alcohol test, suspect vehicle photograph, Boh-do CCTV photograph, and one CD;

1. Application of Acts and subordinate statutes to investigation reports (suspects' refusal to measure A drinking);

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Criminal Act and Article 59 (1) of the Act on Probation, etc.;

1. Application of the sentencing criteria;

A. Crimes of obstruction of the performance of official duties [the scope of recommendations].