도로교통법위반(음주운전)등
A defendant shall be punished by imprisonment for one year.
However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.
Punishment of the crime
1. Around 01:50 on August 7, 2016, the Defendant was driving CMW car under the influence of alcohol concentration of about 0.140% from the front of a club located near the 104-6 Lee Taewon-dong community service center, Yongsan-gu, Seoul, Yongsan-gu, Seoul, to the front day of the 150m-gu, Yongsan-gu, Seoul, to the front day of the 262-ro, Yongsan-gu, Seoul.
2. The Defendant engaged in obstruction of performance of official duties, at the time and place specified in Paragraph 1, and at the police officer affiliated with the Seoul Yongsan Police Station D, who was demanded by the police officer to accompany him for reasons that drinking is suspected of drinking, etc.
Accordingly, the defendant interfered with the legitimate execution of duties by police officers related to criminal investigation.
Summary of Evidence
1. Each legal statement of the witness E and F (the statement of the above witness is the fact that the police officer notified the fact that E was issued a warrant of execution due to the crime of injury when E intends to arrest the defendant for the execution of detention in the Nowon Station; the defendant took a bath against this fact as stated in paragraph (2) of the criminal facts in the judgment; and the police officer E arrested the defendant as a flagrant offender such as obstruction of performance of official duties; and the police officer notified the reason for arrest and the right to appoint a defense counsel. Accordingly, the police officer's act of E is deemed legitimate performance of official duties (the police officer did not possess a warrant of execution, but the defendant was designated as a person who did not possess a warrant of execution, and was aware of such fact in the course of regulating drinking driving. Thus, it is possible to arrest the summary of the fact that the warrant of execution was issued without presenting a warrant of execution of execution of punishment pursuant to Article 492 and Article 85 (3) of the Criminal Procedure Act.
In addition, police officers E used somewhat excessive physical power in the course of arresting the Defendant.
Even the defendant.