A defendant shall be punished by imprisonment for not less than one year and six months.

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

Criminal facts

On March 17, 2015, the Defendant was under the influence of the Victim D(20 years of age) belonging to the traffic control department of the ASEAN Police Station, which was under the duty to control drinking driving, while driving a vehicle at C low-speed in the street of the ASEAN, at around 21:50, the Defendant was under the influence of alcohol and was under the influence of alcohol. As a result of the drinking reduction, the Defendant was under the control of the traffic control department of the ASEAN Police Station, and was required to stop and stop the vehicle.

Nevertheless, the Defendant neglected this and even though he knows that the above D’s arms extend over driving seat windows, he proceeded as it is, leading about about 40 meters, leading about D’s volume, leading D’s arms rapidly, leading D’s speed down on the road surface.

As a result, the Defendant interfered with the legitimate execution of duties concerning the crackdown on drunk driving using a passenger car, which is a dangerous object, and caused the injury of the climatic base, which requires four weeks medical treatment of D.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement of the police with D, the written confirmation of treatment of D prepared by the doctor E, and the medical certificate of D prepared by the doctor F;

1. Application of Acts and subordinate statutes to police officers' uniforms of duty and photographs on bodily injury to police officers;

1. The first sentence of Article 144 (2) and Articles 144 (1) and 136 (1) of the Criminal Act concerning the facts constituting the crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Reasons for sentencing under Article 62 (1) of the Criminal Act (the grounds for sentencing that are advantageous to the following)

1. The scope of punishment by law: Imprisonment for one year and six months to fifteen years;

2. Application of the sentencing criteria;

(a) Determination of types: Type I among the crimes of obstruction of performance of official duties and the death or injury caused by special obstruction of public duties;

(b) Special penal persons: No penalty shall be imposed;

(c) Scope of recommended sentence: Imprisonment for a year and six months to three years (basic area); and

(d) Criteria for suspension of execution: Members of the punishment (the reasons for the major participation in pride); and

3. Determination of sentence: One year and six months of imprisonment, and three years of suspended execution, have already been made to drive under influence prior to the instant case; and