A defendant shall be punished by imprisonment for a term of one year and four months.

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

[Power of crime] On June 27, 2008, the Defendant received a summary order of KRW 700,000 from the Busan District Court to a fine for a violation of the Road Traffic Act.

[Criminal facts]

1. On September 23, 2020, the Defendant was under the influence of the alcohol level of 0.188% during blood transfusion on Sep. 23, 2020, the Defendant driving a Fpoter truck at a section of approximately 1.3 km from the C’s neighboring road located in Busan Jin-gu, Busan to the front road of the same Gu unit D apartment E.

2. On September 23, 2020, the Defendant interfered with the performance of official duties, and around September 22:13, 2020, entered into the documents related to the collection of blood by the Defendant before the emergency room of the H hospital located in Busan Jin-gu, Busan, and completed life within the police station I of Busan, which prepared the documents for blood collection by the Defendant.

“Along with high sounds, the cellular phone was frightened to the back water of J, and the J was assaulted.

Accordingly, the defendant interfered with legitimate execution of duties of police officers in relation to investigation duties.

Summary of Evidence

1. Statement by the police to the defendant before the court;

1. Investigation reports, photographic driving circumstances reports, circumstantial statements made by the driver at the main place, investigation reports and response requests for appraisal reports (the circumstantial reports of the driver at the main place);

1. Previous conviction: Application of a written inquiry, a copy of a summary order, such as criminal history;

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 on the suspended execution;

1. The reason for sentencing under Article 62-2 of the Criminal Code of the Order to Attend education or community service order is against each of the crimes of this case, although the degree of assault for obstructing the performance of official duties is not minor, the degree of assault is agreed with the police officer, the degree of alcohol concentration in blood alcohol is high, and the punishment of a fine is a crime of obstructing the performance of official duties.