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

1. Around 19:50 on April 3, 2015, the Defendant, while under the influence of alcohol with a blood alcohol concentration of 0.166%, driven a B car at a section of about 5 km to the degree of the network stop in the Youngcheon-si, Young-si.

2. 공무집행방해, 상해 피고인은 2015. 4. 3. 19:50경 영천시 망정동에 있는 망정지하도에서 음주단속을 하던 영천경찰서 교통관리계 소속 경위 C으로부터 음주측정을 받던 중 1차 측정 후 물을 마시고 다시 측정을 요구하였으나 재측정은 불가하고 혈액채취를 할 수 있다고 설명하자 ”내가 조폭 D 형인데, 니거들 이제 좃됐다. 씨발"이라고 욕설을 하며 주먹으로 위 C을 때리려고 위협하고, 이마로 위 C의 턱 부위를 1회 가격하여 폭행하였다.

As a result, the defendant suffered injury to the left-hand side of the victim C, which requires approximately two weeks of medical treatment, and at the same time interfered with the legitimate execution of public duties by police officers on drinking control.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and C;

1. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

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 reason for sentencing of Article 62-2(1) of the Social Service Order Criminal Act [Scope of Recommendation] There is no basic area (6-1-4 months) of the obstruction of performance of official duties (6-1-4 months) (the special person) (the criteria for handling multiple crimes] [the decision of sentence] according to the lower limit of the sentencing range under the sentencing guidelines [the defendant is punished for drinking driving.]