공무집행방해등
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
1. On August 25, 2018, the Defendant driven B K3 automobiles while under the influence of alcohol 0.122% of the blood alcohol concentration at approximately 100 meters on the 7-lane 2, Pyeongtaek-si, Pyeongtaek-si, 2018.
2. The Defendant committed an act of obstruction of performance of official duties by assaulting the police officer’s lawful performance of duties in relation to traffic control by assaulting the Defendant at his hand, at the time, at the place, and at the time, place, and at the time, place, as described in Paragraph 1, when the Defendant received a report that the Defendant would drive under the influence of alcohol as described in Paragraph 1, and requested the Defendant’s personal information. The Defendant expressed that “I would have committed an act of interference with the police officer’s performance of duties by assaulting the police officer’s flaps by means of arresting him whether I would have committed an act of interference with the internal police officer’s body
Summary of Evidence
1. Defendant's legal statement;
1. Statement made to D by the police;
1. E statements;
1. Each report on internal investigation:
1. Notification of the results of crackdown on drinking driving and application of Acts and subordinate statutes to report the circumstances of drinking driving;
1. Relevant provisions of Article 148-2 (2) 2, and Article 44 (1) of the Road Traffic Act concerning criminal facts, Article 136 (1) of the Criminal Act, and the choice of imprisonment with labor;
1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;
1. Article 62 (1) of the Criminal Act;
1. The degree and result of the blood alcohol concentration, the degree and result of the obstruction of performance of official duties, the criminal records (one time of fine) of the accused shall be taken into account in sentencing for the reason of sentencing under Article 62-2(1) of the Criminal Act.