Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Punishment of the crime

1. Around 00:56 on August 30, 2014, the Defendant driven C vehicles with alcohol content of 0.197% from the front day of the “digalgalgal” road located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seoul to the front day of the same Gu.

2. Performance of official duties;

가. 피고인은 2014. 8. 30. 00:56경 제1항 기재 B에서 음주단속 중인 원미경찰서 D 소속 경찰관 E에게 ‘너가 그러고도 경찰이냐 난 운전 안했어’라고 소리를 지르면서 손으로 위 E의 목을 움켜쥐고, 이에 위 E이 이를 뿌리치자 다시 손으로 위 E의 목을 움켜쥔 다음 손바닥으로 위 F의 뺨을 때려 폭행함으로써 경찰공무원의 음주단속에 관한 정당한 직무집행을 방해하였다.

B. On August 30, 2014, around 01:36, the Defendant: (a) arrested a flagrant offender with the obstruction of performance of official duties as stated in the foregoing paragraph; and (b) assaulted a police official’s parts of the above E on his hand on the ground that the above E does not cover the lock; and (c) interfered with the police official’s legitimate performance of duties concerning the handling of the instant case in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of E;

1. Each statement of G, H and I;

1. Notification of the control results of drinking driving, and report on the state of driving under drinking;

1. Application of Acts and subordinate statutes, such as criminal records;

1. Although the pertinent Article of the Act on Criminal Facts and Article 148-2 (2) 2 of the Road Traffic Act provide that "Article 148-2 (2) 3" are stated in the facts charged, it shall be corrected ex officio as it appears to be an obvious clerical error.

Article 44(1)(A) of the Criminal Code, Article 136(1) of the Criminal Code, and the choice of each fine

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;