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. 공무집행 방해 피고인은 2015. 12. 6. 23:15 경 서울 마포구 토 정로 31 길 ( 용강동) 용강주민센터 앞길에서 술에 취한 채 C 그랜저 승용차를 운전하다 정차 중 음주 운전을 한다는 112 신고를 받고 출동한 마포 경찰서 D 지구대 순경 E이 운전석에 앉아 있던 피고인에게 승용차 시동을 끄고 음주 측정에 응할 것을 요청하자 “ 야, 씨 발 내가 뭘 잘못했냐

“In doing so, he expressed his desire to do so, knee and knee of the above E, and knee and knee in his hand while getting off the car, thereby obstructing police officers’ legitimate performance of duties in relation to the prevention, suppression and investigation of crimes.

2. A defendant who violated the Traffic Act on December 6, 2015, driving a motor vehicle under the influence of alcohol by drinking alcohol, such as drinking alcohol at the D District Zone of the Mapo-gu Seoul Metropolitan Government Police Station D, which is located in Mapo-gu, with a profoundly heavy drinking and snow snowing.

there are reasonable grounds for suspecting

In spite of being recognized, the police station and the G on the Mapo Police Station demanded to respond to the measurement of drinking by putting about 30 minutes into a drinking measuring instrument on three occasions, the police officer did not comply with the request for measurement of drinking without justifiable grounds.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

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

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-1(2) and 44(2) of the Road Traffic Act, the choice of imprisonment for a crime;

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. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. The reason for sentencing Article 62-2 of the Criminal Act is that the defendant was drunk.