A defendant shall be punished by imprisonment for not less than eight months.

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

Punishment of the crime

1. On November 21, 2016, the Defendant obstructed the performance of official duties, around 22:15, and around 22:15, the Defendant abused the center line while driving the C Freight on the roads of Yongcheon-si B, and used the C Freight vehicle to scambling, drive it with scambling, and drive it on the scam, and attempted to refuse to take a drinking test from a slope E belonging to the Youngcheon Police Station D police box, and to leave the scene, and assaulted the above E at one time by scambling the chest of the above E with his hand.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the police officer's drinking control and criminal investigation.

2. The defendant is a person who is engaged in driving of CPoter cargo vehicles in violation of the Road Traffic Act, and traffic laws (driving without a license).

On November 21, 2016, the Defendant driven the above cargo while under the influence of alcohol level of about 0.106% without the driver’s license from the section of approximately 2.7km from the front to the front road of the F bus stops located in B, the Boan City, Seocheon-si, Gyeongcheon-si, 2255, Boansan-si. The Defendant driven the above cargo under the influence of alcohol level of about 0.106% without the driver’s license.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. The application of Acts and subordinate statutes, such as notification of the results of drinking control and the ledger of driver's licenses;

1. Article 136 (1) of the Criminal Act applicable to the crime (the point of obstructing the performance of official duties), Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each sentence of imprisonment;

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. On the grounds of sentencing under Article 62(1) of the Criminal Act, the records of this case, including the following circumstances, Defendant’s age, sexual conduct, family relationship, family environment, motive and means of the crime, and circumstances after the crime.