A defendant shall be punished by imprisonment for not more than ten 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 December 6, 2016, the Defendant violated the Road Traffic Act (refluence of drinking), while driving a motor vehicle with Ctea while drinking on the road front of the 56th anniversary of the acquisition by transfer of the Yancheon-gu, Chungcheongnam-do, Chungcheongnam-do, Chungcheongnam-do, in a manner of drinking on the road, and driving the motor vehicle while under the influence of alcohol, such as a fluoring a motor vehicle by stopping the motor vehicle and driving the motor vehicle at the time when putting it on the driver’s seat while standing the motor vehicle, he/she was seated in the driver’s seat of the said motor vehicle, from the slope E, etc. belonging to the D District Unit of the Rocheon Police Station, the Defendant was under the influence of alcohol.

As there are reasonable grounds to recognize, it was demanded to respond to the measurement of drinking by inserting the whole in a drinking measuring instrument over about 10 minutes.

Nevertheless, the defendant refused this and did not comply with a police officer's request for alcohol testing without any justifiable reason.

2. 공무집행 방해 피고인은 제 1 항 기재 일시 및 장소에서 제 1 항 기재와 같이 경찰관으로부터 음주 측정요구를 받던 중, 같은 날 22:43 경 현장을 이탈하려 다가 위 경사 E으로부터 제지 당하자 E에게 욕설하면서 얼굴을 향해 주먹을 휘두르고, 이를 피하는 E의 오른쪽 복부를 1회 발로 찼다.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the crackdown on drinking driving.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Statement of the circumstances of the driver involved in driving;

1. Application of statutes on site photographs;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (a point of refusing to measure drinking), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), and each choice of imprisonment with prison labor;

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

3. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

4. Article 62 (1) of the Criminal Act on the suspension of execution.

5. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. The sentencing guidelines shall be recommended;