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

【2016 Height 89】 On June 6, 2016, the Defendant, at around 03:40 on June 6, 2016, returned home with the victim D(the age of 36) of police officers belonging to the Young-dong Police Station C district unit, after the Defendant was subject to a drinking driving control, and went home with the police officers belonging to the Young-dong Police Station C district unit, and went home to the ward in order to prevent the Defendant, and the Defendant used the victim to gather odors and scam, and assaulted the victim.

As a result, the Defendant interfered with the legitimate execution of duties by the victim, who is a police officer, and at the same time, inflicted an injury on the victim in open upper part below the right side which requires medical treatment for about one week.

【2016고단103】 피고인은 2016. 6. 6. 02:40경 충북 영동군 영동읍 계산리에 있는 짱구네 포장마차 앞길부터 같은 읍 설계리에 있는 세븐일레븐 편의점 앞길에 이르기까지 약 500m 구간에서 혈중알코올농도 0.126%의 술에 취한 상태로 번호판 미부착 125cc 오토바이를 운전하였다.

Summary of Evidence

【2016 Highest89】

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each investigation report (the sequence 2, 3 of the evidence list);

1. A medical certificate of injury 【2016 Highest 103】

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notify results of drinking control;

1. Relevant Articles 257 (1) and 136 (1) of the Criminal Act concerning the crime, and Articles 148-2 (2) and 44 (1) of the Road Traffic Act concerning the crime;

2. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of injury and obstruction of performance of official duties, and punishment imposed on the crimes of serious injury).

3. Selection of each sentence of imprisonment;

4. The former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act among concurrent crimes (the lowest sentence shall be applicable to concurrent crimes with the punishment determined for a heavier injury: Provided, That the minimum sentence shall be applicable to concurrent crimes with the punishment determined for a violation of the Road Traffic Act).

5. Article 62 (1) of the Criminal Act;

6. The community service order and.