Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Punishment of the crime

1. Violation of the Road Traffic Act (Noncompliance of a drinking measurement) was driven under the influence of alcohol by the Defendant, on or around 00:55 on March 15, 2016, while drinking alcohol on the road near Gangseo-gu Seoul, Gangseo-gu, Seoul, he was driven under the influence of alcohol, such as: (a) moving to a D office in the vicinity of Gangseo-gu Seoul; (b) moving to the D office, making a red view on the face, smelling alcohol, and responding to E, who is a police assigned for special guard, to have alcohol.

Since there are reasonable grounds to determine a person, the police box of Seoul Gangnam Police Station was requested by G policemen belonging to the Seoul Gangnam Police Station to respond to the measurement of drinking alcohol by inserting approximately 30 minutes of drinking in a so-called drinking measuring instrument for 30 minutes.

Nevertheless, the defendant avoided a drinking test and did not comply with a police officer's request for a drinking test without justifiable grounds.

2. On March 15, 2016, at around 01:05, the Defendant: (a) knew that, within the D office located in Gangseo-gu Seoul Metropolitan Government, the Defendant reported the Defendant’s drinking driving to the police; (b) sought to deduct the Defendant’s identification card from the Defendant’s drinking; and (c) subsequently, the Defendant used the said E with the intent of “greging, opening, and cutting off”; and (d) carried out flabing and pushed the flab of the said E.

Accordingly, the defendant interfered with the legitimate execution of duties of the police assigned for special guard on security service such as the management of accidents near the above D office.

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 at home and report on the detection of the driver at home;

1. Application of Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning facts constituting an offense, and the denial of measurement of non-driving of an option of punishment: Article 148-2 (1) 2, Article 44 (2) of the Road Traffic Act (opportune selection), and Article 136 (1) of the Criminal Act (opportune selection)

1. The provision of the former part of Article 37 of the Criminal Act, Article 38 (1) 2, and Article 50 of the same Act (the aggravated punishment shall be imposed on a person who violates the Road Traffic Act with heavier punishment);

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.