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A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.
Reasons
Punishment of the crime
1. On March 22, 2014, the Defendant: (a) 01:31, at the SM5’s SM5’s SM5’s SM5’s shooting distance adjacent to the Sungwon-si C Officetel; and (b) upon receipt of a witness’s report and received a notification of the arrest of a flagrant offender from the police officer E, the police officer belonging to the Changwon-gu Police Station D police box called for, and the slopeF, the Defendant committed assault to the said police officer, such as “I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see, I see
Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.
2. Violation of the Road Traffic Act (Refusal to measure a noise level) has reasonable grounds to recognize that the Defendant was under the influence of alcohol, such as: (a) the Defendant got a signboard while moving a vehicle as stated in the above paragraph (1) at the same time; (b) sought a conditionless instrument without any permission; (c) made a self-bruptous bath; and (d) the walking is in a state of drinking, such as the walk-distance and snow shocking, etc.; (d) even though the Defendant was requested to measure a drinking level on four occasions from the slopeF of the police officer’s slope in the Changwon-Jon Police Station located in Seongbuk-gu, Changwon-gu, Changwon-gu; and (e) failed to comply with the request without justifiable grounds.
Summary of Evidence
1. Defendant's legal statement;
1. Application of the Act No. 2-6 and No. 8 to the evidence list submitted by the prosecutor
1. Relevant legal provisions concerning the obstruction of performance of official duties (Article 136(1) of the Criminal Act), the denial of measurement of alcohol (Article 148-2(1)2 and Article 44(2) of the Road Traffic Act), the choice of imprisonment for a crime;
1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;
1. Articles 53 and 55(1)3 (a) of the Criminal Act for discretionary mitigation (a confession and reflective action);
1. The suspension of execution does not have any criminal records except for a fine imposed once due to drinking driving in 2007 under Article 62(1) of the Criminal Act, and assault against police officials.