A defendant shall be punished by imprisonment for one year.

Criminal facts

On March 20, 2007, the defendant received a summary order of KRW 700,000 from the Daejeon District Court for the crime of violation of the Road Traffic Act.

1. Around 21:00 on April 21, 2020, the Defendant driven a DNA car owned by the Defendant while under the influence of alcohol leveling 0.054% of alcohol level on the front of “C” located in Geumsan-gun, Chungcheongnam-gun, Chungcheongnam-gun.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act prohibiting driving under the influence of alcohol at least twice.

2. On April 21, 2020, the Defendant: (a) at the place indicated in the foregoing paragraph (1) around 21:35 on April 21, 2020; (b) was required by the President F of the Geumsan Police Station E District Unit of the Geumsan Police Station, who was dispatched to the site after being reported 112, and was under the influence of alcohol to take a drinking test; and (c) was under the influence of alcohol, “I am the left side of the victim for drinking on one occasion; and (d) was notified by the F of the above circumstances that the blood alcohol concentration was measured at 0.054% as a result of a drinking test; and (e) was assaulted by the F of the above circumstances by considering the face side of the F on one occasion at the right hand.

As a result, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Application of one CD-1 statute to police statements on F of the defendant's legal statement (related to attachment of field photographs and CCTV investigations) G police statements;

1. Relevant legal provisions concerning the crime, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment, respectively;

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

1. The reason for sentencing under Articles 53 and 55(1)3 of the Criminal Act is a serious crime that causes serious danger and injury to another person’s life, body, property, etc., and thus, the driving under the influence of alcohol is committed.