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 of the final judgment.

Punishment of the crime

Around 11:50 on June 22, 2014, the Defendant, “2014 Highest 2245,” expressed a desire to take a drinking test to the Defendant when the police officer, a police officer belonging to the Yangju Police Station C Zone C District, who was called for by the Defendant while driving a vehicle and was reported a traffic accident, and subsequently requested the Defendant to take a drinking test, thereby obstructing the police officer’s legitimate performance of duties concerning criminal investigation by assaulting the face of the said D on one occasion.

around 12:22 June 2, 2014, the Defendant was demanded to respond to the measurement of alcohol by inserting approximately 30 minutes of the alcohol measuring instrument, in a case where there are reasonable grounds to recognize that the Defendant was driving under the influence of alcohol, such as smelling from the police officer F at the police box located in Yangju-si, Gyeonggi-do, for the purpose of drinking, drinking, drinking, drinking, and drinking, etc. at the police box located in Yangju-si, Gyeonggi-do.

Nevertheless, the defendant did not comply with a police officer's request for alcohol testing without good cause, such as avoiding it.

Summary of Evidence

"2014 Highest 2245"

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Photographs photographs of the upper part of the body;

1. 12 Reporting Table "2014 Highest 2512";

1. Defendant's legal statement;

1. A report on the actual state of survey (A);

1. The user ledger of the measuring instruments for drinking;

1. Application of statutes on site photographs;

1. Relevant provisions of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime, the choice of punishment (the obstruction of performance of official duties, the choice of imprisonment), Articles 148-2 (1) 2 and 44 (2) of the Road Traffic Act (the occupation of refusal of measurement of drinking, and the choice of imprisonment);

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. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act is that the Defendant refuses to measure the drinking, and the Defendant committed assault against the police officer on official duty, and thus, should be punished strictly.