A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Punishment of the crime

【The Defendant was sentenced to a summary order of KRW 2.5 million for a crime of violating road traffic laws at the Jung-gu District Court on December 1, 2011; on May 1, 2012, the Seoul Northern District Court issued a summary order of KRW 4 million for the same crime, etc. on May 1, 2012; and on June 27, 2013, the Defendant was sentenced to a suspended sentence of imprisonment with labor for the same crime and for one year for the same crime at the same court.

[Criminal Facts]

1. On August 16, 2018, around 20:57, the Defendant: (a) obstructed the performance of official duties; (b) committed assault, such as assaulting the chest part of the said G, on a bank that was possessed with a hacker, cell phone, and a hacker who was asked to present an identification card, on the ground that the Defendant was found to have driven by drinking from 2 teams of the Seoul Central Library Police Station F box at the 112 patrols at the front of the Seoul Central Western-gu E-ro, Seoul; and (c) was able to ask for an identification card.

Accordingly, the Defendant interfered with the legitimate performance of police officers' duty of traffic control and criminal investigation.

2. On August 16, 2018, the Defendant was driving at around 20:5 on the road traffic law (drinking) and around 0.188% alcohol concentration in the blood alcohol level in the front direction of the Seoul Central-gu E-ro, Seoul, the Defendant was under the influence of around 0.188%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. A report on the detection of a primary driver;

1. An explanatory note;

1. Previous conviction: Inquiry about criminal history and application of the Acts and subordinate statutes reporting criminal history;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), the choice of imprisonment with prison labor for a crime;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

A. There is no basic area (six months to one year and six months) (the person who is subject to special sentencing) that interferes with the performance of official duties (the scope of recommended punishment).