A defendant shall be punished by imprisonment for not less than eight 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. 도로 교통법위반( 음주 측정거부) 피고인은 2018. 04. 12. 02:45 경 전주시 덕진구 견 훤 로 333에 있는 위브 어울림아파트 108 동 앞 주차장에서 C 쏘나타 승용차량을 운전하던 중 음주 운전으로 의심되는 차량이 있다는 112 신고를 받고 출동한 전주 덕진 경찰서 D 지구대 소속 경사 E으로부터 피고인에게 서 술 냄새가 나고 얼굴에 홍조를 띄며 비틀거리는 등 술에 취한 상태에서 운전하였다고

Even if there are reasonable grounds to determine a person, the police officer did not comply with a request for the measurement of drinking without justifiable grounds, even though he/she was requested to respond to the measurement of drinking by inserting the whole influence from around 02:52 to 03:03 on the same day.

2. The Defendant interfered with the performance of official duties, at the time, at the place specified in paragraph 1, as seen above, and at the place, the Defendant obstructed the police officer’s legitimate execution of duties concerning the crackdown on drinking alcohol by assaulting the slopeF belonging to the same district group, including: (a) the Defendant was required to take a drinking test from the slope E belonging to the Seoul Metropolitan Police Station D District; and (b) the Defendant refused and left the place; and (c) the Defendant committed assaulting the F, i.e., the e., the e., the e., the e., the e.s.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and E;

1. Application of Acts and subordinate statutes to photographs, reports on the detection of drivers at home (A), and reports on the circumstantial statements of drivers at home;

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. An aggravated punishment for concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act (an aggravated punishment for concurrent crimes with the punishment determined by a obstruction of performance of duties heavier than punishment: Provided, That the lowest sentence shall apply to the punishment determined for a crime of violation of Road Traffic Act (Refusal of measurement of drinking);

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Suspension of execution;