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 becomes final and conclusive.

Punishment of the crime

On September 17, 2012, the Defendant issued a summary order of KRW 2,50,00,000 as a crime of violating Road Traffic Act (drinking) at the Daejeon District Court on September 17, 2012.

On September 23, 2020, the Defendant driven a Fpoon vehicle under the influence of alcohol concentration of about 0.149% in a section of about 500 meters from the coffee C, which was located in Daejeon Pungdong B, to the front line of the Daejeon Pungdong Police Station E District, Daejeon Pungdong Police Station.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving more than twice.

On September 23, 2020, the Defendant: (a) was arrested and taken custody of a flagrant offender due to a violation of road traffic laws (driving alcohol) in E terrestrial area located in U.S. M22:30 on September 23, 2020; (b) during the course of being informed by G during the course of measuring alcohol consumption from the surrounding E area belonging to the above E area, the Defendant 1 was seated with the above G.

C. P. H. H. T. H. H. M. F. H. H. H. H. M. M. M. M. M. M. M.

He expressed his desire to "I will know about the law," and assault G's breast part with both hands by tightly pushing ahead.

Accordingly, the defendant interfered with legitimate execution of duties concerning the measurement of drinking by police officers in uniform.

Summary of Evidence

【2020 Highest 4784】

1. The defendant's legal statement report on the situation of the driver in charge and the notice of the result of regulating drinking driving;

1. Previous conviction in judgment: Written reply to inquiry, such as criminal history, reporting on the result of confirmation of the previous conviction before and after each disposition, summary order (Seoul Daejeon District Court Decision 2012 High Court Decision 9833), summary order ( Daejeon District Court Decision 2008 High Court Decision 24248 High Court Order 130 High Court Order 2021);

1. Application of Acts and subordinate statutes to photographs damaged by police protocol against defendant's legal statement G;

1. Relevant legal provisions concerning the facts constituting an offense, Articles 148-2 (1) and 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), and the choice of imprisonment with prison labor, respectively;

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