A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

[2019 Highest 1091] Around 19:10 on September 15, 2019, the Defendant, who received 112 reports on drinking driving on the C cafeteria in front of the C cafeteria located in Gumi-si, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”) and was requested by D to take a drinking test by a police officer belonging to the Gyeong-gu Police Station belonging to the Gyeongbuk-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City Police Agency”), was under the influence of alcohol and obstructed the police officer’s 112 reporting and handling of the police officer’s 112 reporting and lawful performance of duties concerning the investigation of the crime, by breaking the parts of the D.

[2019 Highest 1246] Around 18:48 September 15, 2019, the Defendant driven a Gack vehicle with a blood alcohol content of about 5k from the section of about 0.243% under the influence of alcohol at the same time from the front day of the F-ray in Nowon-si, Seoul Special Metropolitan City to the front day of the same Simn Pyeongdong Pyeong-dong (Seoul Special Metropolitan City).

Summary of Evidence

[2019 Highest 1091]

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Report on internal investigation (with respect to the details, etc. of on-site exit), each field photo, internal investigation report (related to a statement in a video phone call), 112 report handling table, public official identification card, and work log (2019Sang1246);

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, on-site photographs, actual condition survey report, and on-site photographs;

1. Application of Acts and subordinate statutes, such as a circumstantial statement of a drinking driver, and a report on the control of drinking driving;

1. Relevant Article 136 (1) of the Criminal Act, the choice of punishment for the crime, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, 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. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Reasons for sentencing under Article 62-2 of the Criminal Act on orders to provide community service and attend lectures;

1. Scope of applicable sentences under law: Imprisonment with prison labor for one year to three years;

2. Scope of recommended sentences according to the sentencing criteria;

A. First Crimes of obstruction of the performance of official duties (determination of types of obstruction of the performance of official duties) (Article 1).