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.

[criminal history] On April 6, 2009, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), and a fine of KRW 2 million for a crime of violating the Road Traffic Act (dacting driving) at the same court on June 4, 2007 and violated Article 44(1) of the Road Traffic Act not less than twice.

[Criminal facts]

1. On May 22, 2016, the Defendant: (a) driven a D lebane car under the influence of alcohol concentration of about 0.116% in the direction of “C cafeteria cafeteria” located in the west-gu, Gyeongdong-gu, Gyeongdong-gu, Gyeongdong-do, from around 00:39 to the road of “C cafeteria” located in B, the Defendant driven a D lebane car under the influence of alcohol concentration of about 5km.

2. When the Defendant, at around 00:50 on the same day, obstructed the police officer’s legitimate execution of duties by driving alcohol on the front of the “C cafeteria” road located in B of the Gyeongdong-gun, the Defendant obstructed the police officer’s legitimate execution of duties by stating that “if inside and outside of the house are detained, it shall not be detained due to interference with the performance of official duties, if the inside and outside of the house is the police, it shall not interfere with the performance of official duties.”

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A report on the detection of a primary driver;

1. Previous convictions in judgment: Application of two-yearly Acts and subordinate statutes, such as written inquiries about criminal history, and written summary orders;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2(1)1 and 44(1) (the point of drinking alcohol) of the Road Traffic Act, Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and the choice of imprisonment for each sentence;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. Reasons for the sentencing of Article 62-2 of the Criminal Code of the Social Service Order [the scope of recommendations] Suspension of the performance of official duties. The basic area (from June to April) (the period of one year and four months) (the period of six months and one year and four months). However, multiple crimes are committed against the violation of the Road Traffic Act (the drinking driving) for which no sentencing guidelines are set.