A defendant shall be punished by imprisonment for six months.

Punishment of the crime

1. On August 20, 2016, the Defendant violated the Road Traffic Act (Refusal of the measurement of drinking level) at a permanent civic playground parking place located in Heungdong with permanent residence at around 03:10 on August 20, 2016, the Defendant becomes a drinking-free person to the Defendant from D in the circumstances belonging to the permanent police station C district unit of the permanent police station who called for after receiving a report on a drinking-free driving at the permanent civic training place, and was found to have been driving under the influence of alcohol due to reasonable grounds such as the Defendant’s statement that the person who reported a drinking-free driving was driving, etc., and was requested to comply with the first drinking-free measurement method by inserting the whole so as to put the person who reported a drinking-free driving under the influence of alcohol into the influence of alcohol, but was requested to comply with the second drinking-free measurement by the same method at around 03:55 on the same day, but refused it.

As a result, the Defendant did not put the whole in a drinking measuring instrument, and avoided it, and did not comply with a police officer’s request for a drinking test without any justifiable reason.

2. On August 20, 2016, the Defendant: (a) around 03:55 on August 20, 2016, at the emergency room of the F Hospital, requested the said F Hospital to take a third alcohol test as above from D; (b) and (c) assaulted the said D with a sprinkler boom at his own seat.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the measurement of drinking by police officers in uniform.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police concerning D and a G statement;

1. Photographs;

1. Application of Acts and subordinate statutes to notification of the report on the statement of the status of a drinking driver, and the result of regulation of a drinking driver;

1. Relevant provisions of the Criminal Act, the choice of punishment for the crime, Article 136 (1) of the Criminal Act, Article 148-2 (1) 2 and Article 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. The defendant, on the grounds of sentencing under Articles 53 and 55(1)3 of the Criminal Act for discretionary mitigation, has committed a criminal offense.