However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

The defendant shall order the defendant to attend a law-abiding lecture for 40 hours and provide community service for 80 hours.

On February 25, 2009, the Defendant issued a summary order of KRW 500,00,000 as a fine for a violation of the Road Traffic Act at the Seoul Central District Court on February 25, 2009, and KRW 4 million as a fine at the Seoul Western District Court on January 10, 2012, and 19, respectively. 1)

1. Injury resulting from special obstruction of performance;

At around 07:30 on April 19, 2017, the Defendant, while driving Cmna-4 automobiles in violation of the signal at the shooting distance in Gangnam-gu Seoul, Gangnam-gu, Gangnam-gu, Seoul, and was demanded from the slope victim E (year 37) belonging to the Seoul Gangnam Police Station D, Gangnam-gu, Seoul, Seoul, to stop, despite the demand for stop, it is difficult to find the fact of drunk driving to be discovered, without disregarding the demand for stop, proceeded with the victim’s right shoulder and bridge part in front of the right side of the said vehicle.

As a result, the Defendant interfered with the legitimate performance of duties by police officers on traffic control using the above passenger car, which is a dangerous object, and suffered injuries such as salt, tension, etc. in need of approximately two weeks of medical treatment.

2. Violation of the Road Traffic Act;

On April 19, 2017, at around 07:30, the Defendant driven Cmna 4 car at a section where approximately one km while under the influence of alcohol by around 0.155% at the front of the national flag distance in Gangnam-gu Seoul Metropolitan Government, Seocho-gu, Seocho-gu, Seoul, about 1308-5.

As a result, the Defendant driven a motor vehicle under the influence of alcohol twice, and once again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. A traffic accident report (1) (2) (1) (2), a traffic accident report (for the first same person), a traffic accident report, a statement statement report on the status of the driver, and an investigation report;

1. Notice of the results of drinking driving control, and a record of drinking measurement;

1. A medical certificate (No. 24 No. 5 of evidence list);

1. Details of images of black booms and black booms (C and G), images of black booms;

1. Previous convictions indicated in judgment: A inquiry report and investigation report, such as criminal records;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Articles 144(2) (main sentence) and (1), 136(1) (a) of the Criminal Act; Articles 148-2(1)1 and 44(1) of the Road Traffic Act (the point of driving and the choice of imprisonment)

1. Aggravation for concurrent crimes;

Article 37 (Aggravation of Concurrent Crimes within the scope of aggregated of the punishment prescribed by the former part of Article 37, Article 38 (1) 2, and Article 50 (Concurrent Crimes within the scope of the sum of the long-term punishments for the crimes of bodily injury resulting from special obstruction of performance

1. Discretionary mitigation;

Articles 53 and 55(1)3 of the Criminal Act (The following consideration for the reasons for sentencing):

1. Suspension of execution;

Article 62(1) of the Criminal Act (The following grounds for sentencing has been repeatedly taken into consideration for favorable circumstances)

1. Order for community service and education;

Article 62-2 of the Criminal Act

Reasons for sentencing

1. Scope of applicable sentences under law: Imprisonment with prison labor for a period of one year and six months from June to six months;

2. Scope of recommendations according to the sentencing criteria;

(a) Injury resulting from special obstruction of performance of official duties;

[Determination of Punishment] Crimes of Obstruction of Performance of Official Duties

[Special Sentencing] Disapproval of Punishment (Discretionary Elements)

[Recommendation and Scope of Recommendations] Reduction Area, Imprisonment of one year and six months to three years

(b) The sentencing criteria for the crime of violating the Road Traffic Act are not set. The handling of multiple offenses are limited to the lower limit of the sentencing criteria for the crime of causing bodily injury resulting from the obstruction of performance of official duties, which is related to the crime of concurrent crimes under the former part of Article 37 of the Criminal Act and the crime of causing bodily injury resulting from the obstruction of official duties for which the sentencing criteria are not set for at least one year and six months.

3. Determination of sentence;

The Defendant, despite the past two times of drinking driving, was driving again in a state of drinking alcohol concentration of 0.15%, and was driving in a state of drinking alcohol level of 0.15%, and was driving in order to avoid detection of drinking driving by a police officer who was under traffic control, and was driving in order to avoid detection of drinking driving, the Defendant sustained injury by shocking the police officer.

Since then, the Defendant interfered with the exercise of legitimate public authority, such as escaping at a rapid speed to conflict with the Defendant’s passenger car, and such Defendant’s crime is highly likely to cause serious human and material damage. Furthermore, even if the Defendant was subject to criminal punishment twice prior to the instant crime, on one occasion due to the violation of the Act on Special Cases concerning the Settlement of Traffic Accidents, and again committed the instant crime, the Defendant committed the instant crime. Such circumstances are disadvantageous to the Defendant.

However, the Defendant’s mistake is divided into one another, and is against the victim, and the victim has fully agreed to compensate for all the damages incurred by the instant case and the victim does not want to punish the Defendant. In addition, the Defendant has no record of criminal punishment exceeding the fine prior to the instant crime. Such circumstances are favorable to the Defendant.

In addition, the defendant's age, character and conduct, environment, motive and background of the crime of this case, means and result of the crime of this case, etc., the punishment as ordered shall be determined in consideration of the various sentencing conditions as shown in the trial process of this case, such as

Judges Tae-young

Judicial Chief Judge;