A defendant shall be punished by imprisonment for one year.

Punishment of the crime

[Criminal Power] On September 8, 2016, the Defendant was sentenced to two years of imprisonment with prison labor for special larceny, etc. in the Sung-nam Branch of the Suwon District Court on September 8, 2016, and completed the execution of the sentence in the Ansan Prison on June 15, 2018.

On February 13, 2020, the defendant was sentenced to 6 months of imprisonment with labor for violation of the Road Traffic Act in the branch court of Busan District Court on July 14, 2020 and the judgment became final and conclusive on July 14, 2020.

【Criminal Facts】

1. On January 5, 2020, the Defendant: (a) at the front parking lot in front of the Busan Sinandong B apartment-dong, Busan, the Defendant: (b) took a 112 report that the Defendant caused a traffic accident while drinking alcohol; and (c) demanded a drinking measurement from E in the circumstances belonging to the Busan Sinan Police Station D District, which was called to the site, for a person who was requested to perform a drinking measurement by E; and (d) “the person must be changed to a taxable calculation of tax base; and (e) carried the chest of the above E on five occasions by hand.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported cases.

2. 도로교통법위반(음주측정거부), 도로교통법위반(무면허운전) 피고인은 위 1항 기재 일시경 자동차운전면허 없이 부산 사상구 F 소재 G에서부터 위 1항 기재 B아파트 C동 앞 주차장에 이르기까지 약 100m 구간에서 H i40 승용차를 운전하였고, 같은 날 02:00경 부산 사상구 I에 있는 부산사상경찰서 D지구대에서, 위 D지구대 소속 경장 J으로부터 피고인에게 술 냄새가 나고, 얼굴에 홍조를 띠는 등 술에 취한 상태에서 위와 같이 i40 승용차를 운전하였다고 인정할 만한 상당한 이유가 있어 음주측정기에 입김을 불어넣는 방법으로 음주측정에 응할 것을 요구받았음에도 불구하고 “뭘 불어 ”라고 말하면서 이를 거부함으로써 정당한 사유 없이 경찰공무원의 음주측정 요구에 응하지 아니하였다.

Summary of Evidence

1. The police statement of the defendant E in his court statement;

1. A drinking-driving driver;