A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

1. On August 19, 2017, the Defendant was driven under the influence of alcohol by the Defendant, such as smelling alcohol to the Defendant and sprinking on the face of the instant police station E commander of the Daegu Police Station, sent to the Defendant after receiving a report of 112 while driving a Category D business car in front of the C Child Care Center located in Daegu-gun, Daegu-gun, the Defendant was driven under the influence of alcohol by the Defendant from the slope F affiliated with the police station E commander of the Daegu-gu Police Station: 19:00.

There are reasonable grounds to recognize it, and it was demanded to respond to the alcohol measurement by inserting the whole in a drinking measuring instrument three times between about 15 minutes.

Nevertheless, the defendant refused to put the part of a drinking measuring instrument into a drinking measuring instrument, and failed to comply with a police officer's request for a drinking test without justifiable grounds.

2. On August 19, 2017, at around 19:20 on August 19, 2017, the Defendant: (a) reported 112 to the effect that he/she is driving under the influence of alcohol without paying a driving fee on his/her behalf at the same place as Paragraph (1) of the same paragraph; (b) expressed his/her desire to undergo a drinking test from the slopeF belonging to the Daegu-gu Police Station: (c) and assaulted the police officer, such as cutting down the right shoulder of the police officer, 2:3 times to 3 times.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. G statements;

1. A statement of the circumstances of a driver who is to be placed in driving, a report on detection of a driver who is to be placed in driving, and notification;

1. Application of the statutes governing the place of service for the E box;

1. Articles 148-2 (1) 2 and 44-2 (2) of the Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment with labor for a crime under the relevant Act;

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. The reason for sentencing under Article 62(1) of the Criminal Act is to recognize and reflect the defendant's mistake, and the defendant is punished by a heavier punishment than a suspended sentence.