The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years after the judgment becomes final and conclusive.

Punishment of the crime

1. On November 23, 2019, the Defendant was under the influence of alcohol 0.095% on blood alcohol level on November 23, 2019, the Defendant driven FK 3 Motor Vehicles at a section of about 2 km from the front day of the “C” alcohol level to the “E” parking lot located in Hongsung-gun D.

2. On November 23, 2019, the Defendant of the obstruction of performance of official duties: (a) 01:33, under the influence of alcohol on the roads near the Hosong-gun, Hongsung-gun; (b) while under the influence of alcohol, the Defendant 112 reported that “E” in Hongsung-gun D is moving back to the front way of the “E” in Hongsung-gun, the driver’sJ’s side side gate of the said K3 car in normal driving.

피고인은 위와 같은 신고를 받고 현장에 출동한 홍성경찰서 K지구대 소속 경위 L, 순경 M으로부터 음주운전 사실 등에 대한 확인을 받던 중 갑자기 위 J을 향하여 ‘사람 인생을 망쳐놨다’라고 소리치고, 계속하여 ‘내가 언제 사람을 쳤냐’라며 위 J에게 다가가며 위협하여 위 경위 L로부터 제지당하자 양 손으로 위 경위 L의 팔을 뿌리치고 상체를 2회 가량 밀어 폭행하였다.

Accordingly, the Defendant interfered with the legitimate performance of official duties by police officers concerning 112 reporting management duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to L/J;

1. Notification of a survey report on actual condition and the control of drinking driving;

1. Application of photographs and statutes on site photographs to police officers;

1. Relevant Article of the Criminal Act, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively, for the crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Social service order under Article 62-2 of the Criminal Act;