A defendant shall be punished by imprisonment for six 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. On January 22, 2018, the Defendant: (a) around 22:57, at the Bupyeong-gu Incheon Bupyeong-gu, Incheon, Seocheon-gu, ro 836; (b) at the entrance of a desiredcheon-gu, Incheon Bupyeong Police Station expense that was under influence of drinking while operating a C-car; and (c) was demanded to comply with the alcohol alcohol measurement from the slope E belonging to D; (d) refused it under the influence of alcohol; and (e) assaulted E’s chest once.

As a result, the defendant interfered with legitimate execution of duties of police officers on the drinking control.

2. On January 22, 2018, the Defendant driven a motor vehicle under the influence of alcohol, such as drinking alcohol, drinking alcohol, and smoking at the entrance of the Incheon Bupyeong-gu, Incheon, Bupyeong Police Station expense at around 836, and driving from the slope E belonging to D, and sounding a red alarm in a drinking-free season, at the entrance of a desired ceiling.

Due to reasonable grounds, it was demanded to respond to the measurement of alcohol by inserting the whole of drinking measuring instruments three times at around 23:00 on the same day, around 23:05 on the same day, and around 23:10 on the same day.

그럼에도 불구하고 피고인은 음주 측정기에 입김을 불어넣는 시늉만 하는 방법으로 이를 회피하여 정당한 사유 없이 경찰공무원의 음주 측정요구에 응하지 아니하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

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

1. Application of each investigation report, each on-site photographing statute;

1. Relevant legal provisions of the Criminal Act, Article 136(1) of the Criminal Act (Interference with the performance of official duties), Articles 148-2(1)2 and 44(2) of the Road Traffic Act, and each choice of imprisonment with prison labor, for the 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. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of the recommended sentences according to the sentencing criteria;

(a) interference with the performance of official duties [the scope of recommendations] and interference with the performance of official duties.