A defendant shall be punished by imprisonment for one year.

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. At around 00:09 on May 4, 2019, the Defendant of the obstruction of performance of official duties: (a) tried to verify the circumstances belonging to the coastwise Police Station, E, and F, of the Defendant, who called “D vehicle driving is suspected of drinking” on the street above the south-gu B CKaba; and (b) refused to do so on the part of the Defendant, and (c) expressed a desire to read “I am on behalf of the Defendant. I am am hife. I do not drive. I am h., and there is no fact of driving. I am h.? I am h.” On the same ground, the police officer assigned to the coastwise Police Station G of the Port Police Station of the Republic of Korea, who called “I am h’s desire to do so to the police officer.”

As a result, the Defendant interfered with the police officer's legitimate performance of duties concerning the handling of 112 reported cases and the control of drinking driving.

2. On May 4, 2019, at around 00:40 on May 4, 2019, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking), the Defendant obstructed the lawful performance of duties by a police officer and arrested him as a flagrant offender committing the crime of obstruction of performance of duties by obstructing the police officer’s lawful performance of duties, and there are reasonable grounds to recognize the Defendant as driving under the influence of alcohol by the police officer who belongs to the police station where the police station was located at the same time, by means of inserting alcohol in a measuring instrument three times from around 01:01 on the same day, the Defendant was requested to comply with the alcohol measurement by inserting the alcohol measuring instrument up to three times. However, the Defendant did not comply with a request for the measurement of drinking by a police officer without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. 12 reported case processing table, investigation report (the CCTV in neighboring areas related to refusal to measure the noise level and images taken by police officers in mobilization);

1. Application of Acts and subordinate statutes to report on the circumstantial statements of a drinking driver and the circumstances of a drinking practice;

1. Relevant Article of the Criminal Act and Article 136(1) of the Criminal Act regarding criminal facts, the choice of punishment, and Article 136(1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018).