Defendant shall be punished by a fine of KRW 5,000,000.

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

Punishment of the crime

1. 공무집행방해 피고인은 2015. 1. 8. 02:10경 아산시 C에 있는 D 앞 노상에서, E 포터차량의 시동을 켠 상태로 위 차량 운전석에서 잠을 자던 중, 신고를 받고 현장에 출동한 아산경찰서 F지구대 소속 경위 G, 경사 H가 피고인을 깨워 신분을 확인하려고 하자, 위 경찰관들을 향하여 “뭐야, 이 씨발, 이 개새끼들”이라고 욕설을 하고, 오른손을 위 G을 향해 휘두르고, 발로 위 H의 다리를 차고, 머리로 위 H의 머리를 1회 들이받는 등 경찰관의 현장출동 업무에 관한 적법한 직무집행을 방해하였다.

2. Violation of the Road Traffic Act (Refusal of the measurement of drinking level) by the Defendant was requested to comply with a request for a measurement of drinking level by a police officer without justifiable grounds, such as taking a bath to the said G and taking a breath of drinking level for about 30 minutes, on the grounds that there exist reasonable grounds to recognize that the Defendant was driving under the influence of drinking, such as drinking, smelling, singing, and singinginginginging on the face, from G around the region belonging to the said earth, at around 02:51 on the same day, the Defendant did not comply with a request for a measurement of drinking level by a police officer, without justifiable grounds.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Each police statement related to G and H;

1. A drinking testing ledger;

1. Application of Acts and subordinate statutes governing enforcement site photographs;

1. Relevant statutory provisions of Article 136(1) of the Criminal Act, Article 148-2(1)2 of the Road Traffic Act and Article 44(2) of the Road Traffic Act concerning criminal facts, the selection of fines, respectively;

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. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria for the crime of obstruction of the performance of official duties are applied [the range of recommending punishment]. The reduction area of the obstruction of the performance of official duties (one month to eight months).